Information please on the regs regarding Incap Benefit pre 2006

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Re: Information please on the regs regarding Incap Benefit pre 2006

Post by officerdribble on Sun Jul 19, 2015 9:26 pm

Adversity wrote:https://www.whatdotheyknow.com/request/introduction_of_the_taxation_of

This is another detailed information request about incapacity benefit being introduced, and shows yet again that the Home Office have not got any actual legislation to accommodate incapacity benefit being a deductible benefit until 2006.  Their first reply is laughable, seems the world did not exist pre 2006, I wonder why.

Their second reply, (you need to scroll down, the first copy was corrupted), again they ignore the main question about what legislation covered it pre 2006. But, in relation to the fact that incapacity benefit was taxable, and therefore those of us who retired 1995-2001 were actually losing more than just the deducted benefit, due to tax, (in this officer's case £68 tax a month)- The Home Office reply stated-”you have said that you are paying an additional deduction of £68 from your police injury pension. As you know an injury pension is tax free therefore wish to contact your police pension administrator on this point”.


I think we all need to take a copy of that home office advice and, when our pay departments start deducting ESA again shortly, we could send a PIPIN produced template letter stating we have 'construed' from the above, that the Home Office believe we should not be losing out by indirectly paying tax on our tax free pension, and that future DWP benefits should be deducted net?

I do recall an article dated around 1995 from the government discussing how the change from invalidity to incapacity would have a very minor effect on police pensioner's pay due to tax.  Well, in my case it was £100 tax a month, I do not consider that minor  Unfortunately that article is saved somewhere in my system, but I can not locate it, or is has been removed from the net.



My thoughts are maybe we should be doing that before they start deducting ESA again. I've the strongest of feelings that any reply from my force will be accompanied by the 'medical review' letter. That's how they operate, as I'm fairly sure most other forces do too. Some people may see that as a threat to keep mouths tightly shut. In my own case...I have a big mouth.


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Re: Information please on the regs regarding Incap Benefit pre 2006

Post by officerdribble on Sun Jul 19, 2015 9:50 pm

morritt wrote:I have now had an acknowledgement from the Pensions Ombudsman advising me that it will be at least seven weeks before they even decide whether to investigate  my complaint.
This has obviously highlighted the fact that many people are in a similar position.


Regarding your complaint to the Ombudsman...

Have you already had to go down the road of informal resolution etc..? If so, what response/answer did you get from your force? Feel free to Pm me that if you'd rather not make it public.

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Re: Information please on the regs regarding Incap Benefit pre 2006

Post by officerdribble on Mon Jul 20, 2015 6:47 pm

So, I'm sure Steve won't mind my being open and honest with his reply to my request for information...in the interests of justice. Here is what's been sent so far....


"
There are timescales attached to this under The Personal and Occupational Pension Schemes(Pensions Ombudsman) Regulations 1996 at Regulation 5 below:


Time limit for making complaints and referring disputes
5.—(1) Subject to paragraphs (2) and (3) below, the Pensions Ombudsman shall not investigate a complaint or dispute if the act or omission which is the subject thereof occurred more than 3 years before the date on which the complaint or dispute was received by him in writing.
(2) Where, at the date of its occurrence, the person by or in respect of whom the complaint is made or the dispute is referred was, in the opinion of the Pensions Ombudsman, unaware of the act or omission referred to in paragraph (1) above, the period of 3 years shall begin on the earliest date on which that person knew or ought reasonably to have known of its occurrence.
(3) Where, in the opinion of the Pensions Ombudsman, it was reasonable for a complaint not to be made or a dispute not to be referred before the end of the period allowed under paragraphs (1) and (2) above, the Pensions Ombudsman may investigate and determine that complaint or dispute if it is received by him in writing within such further period as he considers reasonable.

You would therefore need to convince the Ombudsman that he should waive the 3 year limit which would be difficult in my view, but not impossible, and you would need compelling reasoning to justify, why you have not raised it previously [since 1995 when it changed]. The correspondence from the Force would be helpful
The Home Office letter makes it clear in their view that: The deduction of incapacity benefit prior to 2006 was therefore lawful.
The issue of the deduction being ‘double taxed’ is one that was raised many years ago and on which advice was obtained which concluded that it was a deduction in line with the Regulations and was lawful. For interest see attached article from a really old NNEWS.

Regards"

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Re: Information please on the regs regarding Incap Benefit pre 2006

Post by morritt on Tue Oct 13, 2015 5:05 pm

I have today been informed by the Pensions Ombudsman that my complaint re deductible benefits has not yet been considered.  I will update the forum when I have any further news.

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