Incapacity Benefit SERPS payments on conversion to Employment & Support Allowance

[PaulG]

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?

With thanks.

[Carneucopia]

Wow that's an interesting one! I paid into SERPS myself at one time, and always believed it was just a 'top up' scheme to the final State Pension - and it was quite a short lived idea back in the 70's. The extra accrued under SERPS is now added to my State Pension, but SERPS itself no longer exists as a contributory payment.
So it's puzzling to hear you say that you had actually received SERPS payments along with War Disablement Pension and Unemployability Supplement, because my understanding was that any SERPS payments were frozen until Pension age.
Do you mean that you received CREDITS of SERPS? (which would be a different ball game altogether.) If it has been a credits situation it is possible that some quirk in the law allowed the SERPS credits to continue to be paid for people in receipt of WDP/US. Unfortunately though as benefits change - and some are discontinued - a lot of what was once called 'Transitional Protection' is being lost, and this may well be the case with your SERPS.
I'm sorry this is all pure speculation - the standard Benefits handbooks no longer contain detailed regulations on WDP/US, so you do need someone who has expert background knowledge and I wish you well. Please let us know if you do find a definitive answer on this.

[davewhit]

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?

With thanks.

Thats interesting

[andypandy]

I was a member of the old YA but can't remember his name I'm afraid. Even if I could it wouldn't help you as he doesn't post on here anymore. Actually have you tried the BBC "ouch" He may post on there or try "we are able" its a group on facebook where a lot of the members from the old YA hand out.

I got banned for being "too positive & outgoing" They like to moan a lot about their disabilities !!! but it may be worth you trying them just to get the information that you need. I am also in touch with a few people on FB myself so will ask around for you

[davewhit]

I was a member of the old YA but can't remember his name I'm afraid. Even if I could it wouldn't help you as he doesn't post on here anymore. Actually have you tried the BBC "ouch" He may post on there or try "we are able" its a group on facebook where a lot of the members from the old YA hand out.

I got banned for being "too positive & outgoing" They like to moan a lot about their disabilities !!! but it may be worth you trying them just to get the information that you need. I am also in touch with a few people on FB myself so will ask around for you

I think its pete

[PaulG]

Many thanks to all.

I got put in touch with the chap via another means.

It was good to hear the matter hasn't been overlooked or forgotten about and rather a lot of work is ongoing, so there maybe hope yet.

Paul

[davewhit]

Many thanks to all.

I got put in touch with the chap via another means.

It was good to hear the matter hasn't been overlooked or forgotten about and rather a lot of work is ongoing, so there maybe hope yet.

Paul

Based on the fact they stopped your payment even though your found fit for work when I get my ESA50 I will just bin it and not bother with claiming no point

[davewhit]

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?

With thanks.

4746464 9ueeybe 09191917

[mercmac]

Hope someone can help with this.
I worked for 13 years on the gas Board before a previous injury surfaced and was attributable to active service, and was awarded a war pension. I had overlapping benefits transferred to my war pension but My additional payment(SERPS) could only be paid to me as Incapacity benefit.
That overlaps with my Unemployability payment, but they say as a component of incapacity benefit they can pay as such.
I received a letter from the job centre saying I was going to be assessed for work. The war pensions have declared me as unemployable due to my spinal injury, so can't understand why I fall into this area.
The main question is that apparently under the new scheme Employment and support Allowance, there is apparently no legislation that allows the Additional pension to be payed any longer.
I have contacted the Dept for work and pensions/ jobcentre plus and no one knows if this is the case.
I have had my fill of forms and medicals in the past and if I refuse to fill out the form or attend a pointless medical.
If my Additional pension gets stopped anyway, why should I bother.
Second question is if they stop my Additional payment now will it start again when I get to 65?
Any help would be gratefully received

[davewhit]

Hope someone can help with this.
I worked for 13 years on the gas Board before a previous injury surfaced and was attributable to active service, and was awarded a war pension. I had overlapping benefits transferred to my war pension but My additional payment(SERPS) could only be paid to me as Incapacity benefit.
That overlaps with my Unemployability payment, but they say as a component of incapacity benefit they can pay as such.
I received a letter from the job centre saying I was going to be assessed for work. The war pensions have declared me as unemployable due to my spinal injury, so can't understand why I fall into this area.
The main question is that apparently under the new scheme Employment and support Allowance, there is apparently no legislation that allows the Additional pension to be payed any longer.
I have contacted the Dept for work and pensions/ jobcentre plus and no one knows if this is the case.
I have had my fill of forms and medicals in the past and if I refuse to fill out the form or attend a pointless medical.
If my Additional pension gets stopped anyway, why should I bother.
Second question is if they stop my Additional payment now will it start again when I get to 65?
Any help would be gratefully received

the rules and regulations for war pension unsupp are nothing like esa nor are the details of who can both at same time i have in writing from the minister IF esa is awarded when i move from ib serps i can have both esa and unsupp as can others

with regards paying it again at 65 that would overlap with the age allowance that kicks in with unsupp