Help!! Conflicting info on benefits! What should I be claiming?

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Help!! Conflicting info on benefits! What should I be claiming?

Post by Evolutionman on Mon Jun 13, 2016 7:00 pm

Hello all it's been sometime since I've posted on PIPIN. I have been retired now for approximately 1 yr on ill health grounds, I am in the middle of the IOD process waiting to be called to see the SMP.
My question is I'm not able to work and am currently surviving on my medical pension, should I be claiming ESA? Or any other benefits even though I'm not able to work ?!!
I also don't have the appetite to be claiming everything, and think it is a pointless process if it's all taken away by the ppa following any award
How would claiming any such benefits affect my possible IOD pension?

I have some of my lump sum left, is this taken into account for purposes of ESA or other benefits?
What is the cut off point for savings held to qualify for these benefits?
I suspect that because I have some lump sum left that would disqualify me from claiming?
Thank you in advance for any replies
I'm currently in receipt of industrial injury benefit is this deducted from any future IOD pension payments?
I'm concerned that I should be claiming and haven't as yet.

Evolutionman

Posts : 3
Join date : 2015-02-11

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Re: Help!! Conflicting info on benefits! What should I be claiming?

Post by Adversity on Wed Jun 15, 2016 3:56 pm

Hello.

You will probably be aware that there is currently an issue with which benefits the police believe are deductible from your injury pension, and which benefits they are actually allowed to deduct. Note I say injury pension, no benefits are deductible from your ill health pension.

When your injury pension is finally worked out, at that stage the police will deduct any benefits that your are entitled to receive, from your injury pension, whether you have actually claimed the benefit or not. You have made a claim already for industrial injury benefit,the Police can deduct that lawfully, it is a non taxable benefit, so it does not have any effect on what you get at the end of the day.

By the time your injury pension is sorted, hopefully we will have a final answer as to whether the police can deduct ESA, and if so, whether they will deduct it gross or net, as contributions based ESA is a taxable benefit. ESA is a complicated area, depending on many factors!

Firstly, I would advise you look at
https://www.gov.uk/employment-support-allowance/overview which allows you to put your current 'income' in, to see whether you are entitled to anything. It explains different types of ESA. The income that they consider is- your/and your partner's income, any savings over £6,000, and pension income. You will not qualify for income related income if you have over £16,000 in savings. For contributions based ESA you must have paid enough NI payments in 1 of the last 2 tax years. But, whilst contributions based is technically not means tested, any ESA payment is reduced by half the amount of any pension that you receive over £85 a week, so for many IOD's, it ends up that the ESA payment is wiped out by your pension. And contributions ESA is further divided into WRAG and SUPPORT groups, with WRAG only being payable for a maximum of 365 days. (Told you it is complex!) However it may be that whilst you would be entitled to contributions based ESA, your pension wipes out any actual monetary payment. However if you apply, and this happens, they will say you are entitled to ESA but will receive nothing-sounds odd, but this means that they will pay your NI stamp for you, whilst you continue to pass their medicals as unfit for work.

Now, when the police determine ESA is a deductible benefit, they will expect every IOD to have applied for it, and either be getting it, or have proof that they applied and were entitled to nothing. In reality, it will be few IOD's that are entitled to ESA. Some of us who used to be on the former ESA benefit called incapacity benefit prior to April 2001, were given a right to ignore the means testing implications of ESA by DWP. That is why there are a few of us who mutter about it occasionally!

If I were you, I would apply for ESA. They will most likely say on your first contact that you are not entitled to it-that is fine-GET IT IN WRITING! If you want to get your stamp paid, you have to go through a full application and pass the medical. They will give you a letter saying you are entitled to £0 a week, but they will pay your stamp. Save that letter for the police, when they come knocking.

Remember, any benefits you apply for must relate to the injury that resulted in your injury pension, for the police to deduct it. If you get ESA for a broken leg that you got after you left the police, the police can not deduct the value of ESA you may get for that broken leg, the police can only consider benefits paid directly relating to the pension qualifying injury.

Any queries, just ask!

Adversity

Posts : 29
Join date : 2015-01-30

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Re: Help!! Conflicting info on benefits! What should I be claiming?

Post by Evolutionman on Wed Jun 15, 2016 5:39 pm

Many thanks Adversity,I guess I should start the process of applying for Esa and expect to be told I don't qualify. Just one thing though I've asked for and received my NI contribution statement which has stated I have 35 years of qualifying contributions.
Also, if I get 200 a month industrial injury payment and get awarded 400 a month does that mean that I end up with half that amount as they deduct my iib? Sorry, but it's really confusing and I can't find any up to date guidance!! To
I'm also considering applying for PIP which I think cannot be taken into account regarding deductions from any injury pension is that correct?

Regards
evolutionman.

Evolutionman

Posts : 3
Join date : 2015-02-11

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Re: Help!! Conflicting info on benefits! What should I be claiming?

Post by Adversity on Wed Jun 15, 2016 7:12 pm

Basically, once you get a total weekly income of, I believe, £170 (as basic ESA is approx £85), that would wipe out any ESA payment entitlement, then you will not get contributions based ESA, The salary alone will preclude income based ESA.

Your £200 a month IIB is currently yours, but the police will deduct that full amount from your injury pension, once it starts. Your current ill health pension is yours, and will remain fully yours.

PIP is not a relevant benefit, so the police can not currently touch it, but do not rely on that! They will probably try! Applying for PIP will help your case to get an injury pension, although the police have previously stated that assessments for DWP benefits are different to police assessments, the fact some DWP medical person thinks your have a substantial disability will help. But in the same breath the police have said if you are not entitled to DWP benefit, then you can not be that bad! The police do not understand the benefits system, but then again, as former police officers, we d not usually have a grasp of it either!

I am in support group ESA, definition of that is not capable of any work or any work related activity....but I am only band 3 for the police- ie capable of earning 25% of my former salary-work that out!

You say you have 35yrs qualifying NI contributions, but remember not long ago you needed 40 yrs, and then it went down to 30, the future may require you to have more, although hopefully your current OAP pension will have been calculated on the old system and will hence be ring fenced. You may want to consider your right to the few perks of being a current NI payer-such as bereavement allowance though?

Adversity

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Re: Help!! Conflicting info on benefits! What should I be claiming?

Post by Evolutionman on Wed Jun 15, 2016 9:10 pm

Many thanks for your advice.

Evolutionman

Posts : 3
Join date : 2015-02-11

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Re: Help!! Conflicting info on benefits! What should I be claiming?

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