Login FormClose

Free, fortnightly PIP, ESA and DLA Updates

Our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: ESA recovery of backdated war pension and gratuity

ESA recovery of backdated war pension and gratuity 5 months 2 weeks ago #205920

I was recently awarded a 30% war pension at tribunal dating back to jan 2016,. In 2012 I was awarded a gratuity payment of 6/14% for PTSD this was changed to 20% in 2016 but after they concluded their enquiries the war pension could not start until December 2016 due to recovery of gratuity payment. ESA have recovered the arrears back to January 2016 but my weekly pension did not start until December 2016 due to the recovery of gratuity payment, Therefor no arrears have been paid to me. So the 10% extra awarded at tribunal has been taken from jan/dec 2016 by esa with no disregard of first £10 I do not dispute the dec 2016 to present day recovery due to income related esa I'm on, I have spoken to both ESA and SPVA. None can give me a answer Can ESA do this if my weekly war pension was not in receipt until December 2016 ? Even if so the gratuity payment was paid off with my 20% award so why have they taken the other 10% and not disregarded the first £10 after 2 years of challenging the decision at appeal it as left me in a worst state with my mental health. any advice would be appreciated,

Please Log in or Create an account to join the conversation.

ESA recovery of backdated war pension and gratuity 5 months 1 week ago #205971

P

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?



Your post seems to answer your question on why the deductions from your ESA apply from January 2016, I quote

"I was recently awarded a 30% war pension at tribunal dating back to jan 2016"

So I am assuming that the payments in December 2016 included back payment of the pension to January of that year. If this was not the case then did you raise this when you appealed.?

Why do you think that there should be a £10 disregard?

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA recovery of backdated war pension and gratuity 5 months 1 week ago #206046

The war pension weekly payments did not start until December 2016. There was no arrears owed to me, I owed them for the gratuity payment in 2012. Weekly war pension should have started in jan 2016. But due to the recovery of gratuity they would not pay me until December when the arrears were recovered, I never raised it at appeal as I had no idea they would have included it in the recovery as the war pension was not in weekly payment. I have spoken to ESA today who have informed me of a error and that recovery has been sent today to SPVA, They couldn't tell me what for neither could they tell me for how much, the lady I spoke with was as confused as the supervisor I spoke with on Friday and she was the person who has made the recovery of all the arrears. The £10 disregard is what they pay war pension if on IR esa they claw back the rest. So for a 30% pension esa get £44 I get £10 disregard. But that has also been taken in recovery.

Please Log in or Create an account to join the conversation.

ESA recovery of backdated war pension and gratuity 5 months 1 week ago #206069

P

When was the appeal, if you are still within one month of the hearing then I would request a Statement of Reasons from the Judge.

Tribunals – Requesting a Statement of Reasons

Again from the post, you say you owed them for the gratuity payment, this implies that there was some advance of the payments that needed to be repaid.

I've checked the legislation foe the disregard, but there are caveats to it being given, so you need to find out if any of these are being applied.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA recovery of backdated war pension and gratuity 5 months 1 week ago #206106

The one month time limit from the appeal has expired unfortunately. The payment I received in 2012 was for the percentage they diagnosed me the. 6/14% which meant I couid not revive a weekly pension as it was under the 20% needed. Then they recovered the 6/14% payment in 2016 when they awarded me 20% so that meant I couidnt recive the 1st weekly payment till Dec 2016 due to owing them the gratuity payment from 2012. I appealed the 20% they awarded when I recived the decision back in 2016 and the tribunal awarded in my favour for 30% dated back to Jan 16 so the confusion is the 10% and if it should have been taken whilst not in receipt of the weekly pension I've been told by Esa no they can't recover it from me as I wasn't in weekly payment and then they recovered it and now I'm told there's been a error and can't tell me what the error is. I feel I'm just been messed around and nobody can provide me with the correct information

Please Log in or Create an account to join the conversation.

ESA recovery of backdated war pension and gratuity 5 months 1 week ago #206124

P

If it is only 5 or six weeks since the appeal, then you can try making a late request for the SoR, you have nothing to lose.

Here's the problem. you have been through all of the stages of the appeal process that are normally available to a claimant without overturning the Decision.

I'm really not sire what additional advice we can provide, I have to assume that those looking at your situation have considered the law correctly and therefore that their Decision is correct.

You should have had information as part of your appeal as to the Regulations that the DWP are applying in regard the date and the £10 disregard, so you should have been able to check if these were applicable to your situation.

At this time all I can suggest is that you try and get face to face advice, with sight of all the papers involved, a trained advisor may be able to put up a supporting argument for an Any Time Revision. Do an internet search for "welfare advice" with your postcode, town or county.

Gordon
The following user(s) said Thank You: Tc

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
  • 2
Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke