Incapacity Benefit SERPS payments on conversion to Employment & Support Allowance

[Geordie]

Thanks to everyone who has posted on this important issue. I'm new to the forum but sadly not to the problems of war pensioners. I've been a war pensioner since 1997. My award is life long and includes UnSup and Mobility.
JobCentrePlus recently asked me to attend a medical, to assess my ability to work “… based on what I can do rather than what I cannot.”

Obviously nobody told them how hard it is to get WP UnSup.

My MP has written to the DWP on my behalf. Needless to say, I will not be attending their medical anytime soon.

The initial reply was from an assistants office assistant, a fully detailed letter should reach me shortly! DWP have stated that I have been entitled to IB since 1997 but my UnSup negated full payment. They confirm that I do receive “credits of National Insurance contributions that count towards Stat Pension.”
I hope this information is helpful to someone.

If anyone hears of a War Pensioner who looses UnSup because they attended a JobCentre Plus Medical Assessment, please post the details here.

[davewhit]

Thanks to everyone who has posted on this important issue. I'm new to the forum but sadly not to the problems of war pensioners. I've been a war pensioner since 1997. My award is life long and includes UnSup and Mobility.
JobCentrePlus recently asked me to attend a medical, to assess my ability to work “… based on what I can do rather than what I cannot.”

Obviously nobody told them how hard it is to get WP UnSup.

My MP has written to the DWP on my behalf. Needless to say, I will not be attending their medical anytime soon.

The initial reply was from an assistants office assistant, a fully detailed letter should reach me shortly! DWP have stated that I have been entitled to IB since 1997 but my UnSup negated full payment. They confirm that I do receive “credits of National Insurance contributions that count towards Stat Pension.”
I hope this information is helpful to someone.

If anyone hears of a War Pensioner who looses UnSup because they attended a JobCentre Plus Medical Assessment, please post the details here.

there is NO cross over between UNsupp and ESA and not getting awarded ESA would not cause you to lose your UNsupp

some people have wrote to MPs and War Pension at blackppol saying why should I have medical for ESA when all you pay is credits or serps ..... the answer back is along the lines there is no cross over wp unsupp is what you cant do and esa is what you can still do


the War Pension manual says unsupp can be awarded when there is little chance of someone doing NO job for at leats 2 years

[davewhit]

mercmac - I've gone back as far as I can to the rules in 2003/4 relating to IB and SERPS (earnings related pension scheme.) Rules for SERPS were subject to major changes from April 2002. As of April 2003 the following rule was applied -

'If you were receiving Invalidity Benefit immediately before it was abolished.... and were receiving an earnings related addition to your basic invalidity pension.... you will continue to receive the same amount as an addition to your IB. However, unlike the rest of your IB, this earnings related component will not be uprated for inflation each year and it's value will diminish over time.'

In other words the SERPS addition was phased out after the change from IVB to IB. There is more on this and it is quite complex. IB itself was complex, with age additions, dependant additions, as well as 3 levels of payment according to length of claim. I can't find anything to suggest that ex servicemen were treated any differently, but there are always the 'buts.'

we where not at that time treated differnt by DWP after that change .... changes came into play in War Pension regulations as to who could have IB ESA ect and UNsupp or lower standard allowances thats where the confusion started

[Geordie]

we where not at that time treated differnt by DWP after that change .... changes came into play in War Pension regulations as to who could have IB ESA ect and UNsupp or lower standard allowances thats where the confusion started

Thanks for the reply.
Strange how war pension regulation changes did not effect me. (I assume there would have been a circular informing of the change.) It was JobCentre Plus who wrote a quite nasty letter, threatening to stop benefit payments if I didn’t attend their ATOS medical. But that’s the desk dwelling civil service for you.

As far as I’m concerned I do not receive IB and never have. The National Insurance credit component had slipped my mind completely. In the same way they slip past my bank account without a ripple.

[davewhit]

Thanks for the reply.
Strange how war pension regulation changes did not effect me. (I assume there would have been a circular informing of the change.) It was JobCentre Plus who wrote a quite nasty letter, threatening to stop benefit payments if I didn’t attend their ATOS medical. But that’s the desk dwelling civil service for you.

As far as I’m concerned I do not receive IB and never have. The National Insurance credit component had slipped my mind completely. In the same way they slip past my bank account without a ripple.

If something was in payment like the serps comp..... then when there are changes that stop people getting it in future we had protected rights


If someone today got a war pension under pre 2005 rules and got 60% plus unsupp then if ESA was in payment it would stop compleatly

[Carneucopia]

Thanks for the reply.
Strange how war pension regulation changes did not effect me. (I assume there would have been a circular informing of the change.) It was JobCentre Plus who wrote a quite nasty letter, threatening to stop benefit payments if I didn’t attend their ATOS medical. But that’s the desk dwelling civil service for you.

As far as I’m concerned I do not receive IB and never have. The National Insurance credit component had slipped my mind completely. In the same way they slip past my bank account without a ripple.

This is the problem with what they call 'underlying entitlement' and it happens with some other benefits, as well as with IB/ESA. The IB will have been claimed at some point in the past, even though other benefit income, such as a WP for example, might wipe out any IB payment on the income rules.
DWP staff do (and quite rightly) advise that claiming the IB/ESA will secure credits of NI contributions, even though no actual IB/ESA payment might be due. The NI contributions are needed to carry on accruing State Pension rights - although things have changed, and only 30 years NI contributions are now needed for a full basic State Pension. But pre ESA that was not the case.
So people in this situation are still classed as having a 'live' claim for IB - and still have to go through the process of change to ESA, including the medical.