Confused by Re-Assessment

[k8lin]

I am a little confused about the re-assessment that is coming in. I don't think I am one of the people that will be re-assessed but not sure

Since becoming 60 last year my IB changed to State Pension, I am also on higher rate mobility DLA but no other benefits as I have a work pension of my own plus a pension that I get from my late husbands company

Are retired people exempt from all these new rules they are bringing in?

[Peter aka Sociable]

So nice to be able to give very positive replies K8lin as yes you will now be exempt from the ESA migration as will anybody due to reach the retirement age for women during the period between now and 2014.

(It's complicated because men and women can both claim pension credits from the same age currently 60 but gradully increasing over the next few years for both men and women till the state retirement age for both equalises before then increazsing again for both men and women but that wont effect you as you will already be retired.)

The later changes to DLA assessments proposed for 2013/14 onwards haven't even been looked at yet so certainly no need to worry about them just yet not least as I'm guessing your mobility award is linked to circumstances which will not magically disapper by then.

The other good news, of course, is that having been awarded high rate mobility before reaching 65 your award can continue after that age whereas those who are not already getting it by then can't submit a claim and can only apply for Attendance Allowance instead.

Hope that helps and takes some of the fears about the future away or at least puts them in perspective especially with regard to the DLA situation.

All the best.

[k8lin]

Thank you for the information Peter, that is much clearer now

[trickiedickie]

Im somewhat confused as ive just been awarded Pension Credit but dont hit 65 till June 2015. Ive heard so many different rumours with regard Pension Credit. Its been said if you fail the medical you can claim Pension Credit and no WFI will be required they are voluntary??? I receive IB also and again its said you can still claim IB with Pension Credit till 65 but if IB is being phased out what then happens?? Again have read you can claim Pension Credit in place of IB but this one know one seems to know?? Pension credit have told me yes i can but sign off first which if i do i then declare myself fit for work???? So confusing does anyone have the actual answer to this problem would be gratefull?

Regards.
trickiedickie

[Peter aka Sociable]

Hi trickiedickie.

The answer to your question lays in the answer I gave above regarding the treatment of men and women with regards to Pension Credit being the same for those in receipt of IB or ESA in that the effective age of retirement used for all is that for women, (rather than the usual state pension age for men which, of course, 65), at least until such time as the retirement age for men and women equalises.

If you apply this principle to the information given in the Summary of key facts in the document you linked to on the DWP website re the migration from IB to ESA you will see what I mean:

people who reach State Pension Age during this reassessment period 2010-2014 will not be reassessed to avoid having to change benefits twice in a short period.

http://www.dwp.gov.uk/docs/ib-reasse...ation-pack.pdf

You will see that providing one still meets the requirements of the PCA or WCA, men will still be entitled to claim pension Credit at the same age as women during this period, but in the event they should fail either the PCA or WCA would then be transferred to other benefits such as JSA or Income Support if they still qualify for such other benefits for other reasons or otherwise they would be transferred off benefits alltogether if they do not.

The situation as to axactly how this will all apply to an individual, and whether or not it will make sense to continue to receive IB/ESA or move over to Pension Credit will, of course, depend on their specific circumstances, but in the majority of cases Pension Credit will pay more than IB or ESA as the base-line guaranteed income level is set higher than ESA and the Severe and Enhanced disability premiums will still apply to those that qualify.

And, perhaps more to the point, the proposed restriction to one year of contributions based ESA for those in the work related activity group would not then mean having to rely on the means tested element of ESA at the end of that first year as Pension Credit has no such restrictions to the length of time one may claim it.

Hope that clarifies.

P.S. I should pehaps also explain that for some men continuing to claim contributions based IB instead of Pension Credit will still make sense as this is a non means tested (and in some cases tax free) benefit, whereas Pension Credit is means tested (albeit at higher guaranteed levels) and under the IB regulations other pension income doesn't start to impact on IB unless other private or occupational pension income exceeds about £85 per week.

The Permitted Work rules will still, of course, also continue to apply thus allowing some to have a higher income from all of these sources than they would receive under Pension credit.

As ever the "Better Off" calculations in such cases will be "fun" to say the least given how many different combinations of circumstances might apply to an individual case. LOL

[trickiedickie]

Peter im sorry but i must be really thick on this one?

Are you saying that as im in Receipt of Pension Credit now i will be treated as retired at 60 same as a woman??

The document says people who reach State Pension Age during this reassessment period 2010-2014 will not be reassessed to avoid having to change benefits twice in a short period.

Cant see me getting JSA/Income Support we have over the capital limit. Income Support advised me to claim Pension Credit as i was approaching 60 which ive done plus also if im wasn't looking for work??

Do you have an answer to how i can come off IB and claim it has Pension Credit?

Sorry i usually understand what one says but on this im really thick well it looks that way??

Regards.
TD

[Peter aka Sociable]

Yes in terms of disability/incapacity benefits men are treated exactly the same as women so qualify for Pension Credit at the same age for women following a case brought in the European Court , I beleive, which said that to do otherwise discriminated against men.

As you have already moved over from IB to Pension Credit (under that arrangement) you will not now be re-assessed as part of the migration from IB to ESA as you will effectively be treated as though you had reached the state retirement age before 2014, via the "men treated the same as women" rules for Pension Credit, in the case of those receiving incapacity benefit or Income Support on the basis of incapacity.

The other reason JC+ advised the change to Pension Credit is that it has the big advantage that the capital allowance lower limit is far higher before it starts to kick in (set at £10,000 not £6,000) and the assumed income from any savings over this amount are only taken to give a notional income of £2 per £1 per week per £1K and not £4 per week as applies to IS and, importantly, has no actual higher limit other than if applying that notional income rule means one no longer is entiteled to PC as, other than "notional income", capital/savings are ignored for Pension Credit so their is no maximum upper limit as applies to IS (currently £16,000).

Hope that clarifies.

P.S. This is complex stuff so don't beat yourself up about not "getting it" many proferssionals don't get it either and I'm having to constantly double check what I'm saying as I too get confused at times. LOL

[trickiedickie]

Thank You for the reply most gratefull.

Can you clarify im in receipt of Pension Credit but i still get Incapacity Benefit? As i received IB will i be called for a medical??

I don't actually know who pays my IB as its paid weekly but Pension Credit is paid Fortnightly. I didn't get an actual breakdown but a letter telling me how much Pension Credit i was entitled to.

I was advised by the Income Support Office to apply for Pension Credit as i was approaching 60 which as you know ive done.

I take it that as im in receipt of Pension Credit im classed as being of Pension Age?

Still looking at the IB Benefit will it effect me when migration to ESA starts?

Regards.
TD

[Peter aka Sociable]

Effectively Pension Credit now tops up your IB to the appropriate level for Pension Credit in exactly the same way Income Support will do for those under the age for pension credit.

As explained earlier there is an quirk to this as men can receive pension credit earlier than their state pension age but only if they are entitled to IB or ESA and if found able to work would, in theory at least, end up back on job seekers allowance.

the IB element would still be being paid by the Disabilty and carers service whilst the Pension Credit is pain by the pensions service with the total between the two being the appropriate amount for the person under pension credit guarantee but treating the IB as income deducted from that figure in the same way as Income Support ends up just being the difference between what one receives in IB and the total Income Support rules say is the minimum you need to live on after allowing for any premiums.

[trickiedickie]

Thank You Peter again for replying.

I must be thick need to see a shrink i thinks?

IB/IS were paid together so by your reply maybe the IB Ofiice is paying the Benefit not the Disabilty and Carers Service? Is there anyway IB can be paid as Pension Credit?

I cant get my head around IB? If in theory if could be found fit for work and knowing the way AtOS works that seems likely for most claimants?? I wouldnt get JSA or Income Support for reasons i think you know?

Pension Credit is more lenient

Again i must be thick

TD