I would be grateful if anyone can help with the following situation I (and I am sure many others) have or may find themselves in.
For a number of years I have claimed Incapacity Benefit, However the Incapacity Benefit as such has never actually been in payment as I also receive a War Disablement Pension, with the Unemployability Supplement attached. This Unemployability Supplement overrides Incapacity Benefit apparently. However I did receive a small amount of State Earnings Related Pension Scheme payments from the Department of Work & Pensions as a consequence of the Incapacity Benefit claim. I believe these payments nowadays are no longer paid to veterans however if one was already in receipt of such payments, they were permitted to continue receipt under the Incapacity Benefit regulations.
In June this year, I was converted over to the newer Employment and Support Allowance. Due to sustained injuries, I was placed into the Support Group. However as previously with Incapacity Benefit, no Employment and Support Allowance as such is payable due to being in receipt of the Unemployability Supplement. However the State Earnings Related Pension Scheme payments have ceased with effect from the date of conversion to the Employment and Support Allowance.
Acting on my behalf, the Retired Officers Association made enquiries with the Department for Work and Pensions, whom have stated there is no facility by which these payments can be made under the Employment and Support Allowance regimen. In short it would appear when the Employment and Support Allowance legislation/regulations was/were drafted, no provision was made for disabled former members of H.M. Forces to continue to receive the payments.
Albeit the actual State Earnings Related Pension income I received is not critical in my personal situation, I do
believe this to be a trifle unfair on other injured and disabled former servicemen/women whom may be reliant upon this benefit income.
I have very recently been made aware that a fellow retired officer who was a member of the old Youreable website and often answered War Pension and other veterans enquiries may be in possession of very recent updated information relating to this situation, as I know he had carried out a tremendous amount work on the matter However I cannot recall the name of the chap. I know he worked for one of the ex-service organisations or one of he other COBSEO organisations, which one again I cannot recall. I would ideally like to get in touch with this chap. Failing that, are any other veterans aware of the current position regarding this situation?