ESA New Regulations.

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ESA New Regulations.

Post by Beachcomber on Tue Jan 24, 2017 9:20 am

The new regulations come into force on 10th February. Please click on the links below for the relevant documents:

The Employment and Support Allowance (Consequential Amendment) (Police Injury Benefit) Regulations 2017

Explanatory Memorandum
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Re: ESA New Regulations.

Post by Mercury on Tue Jan 24, 2017 4:53 pm

I guess that the taxation issue will arise again with regard to the reduction of Police IOD pensions by the GROSS amount of relevant deductible benefit that is received instead of the NET amount after taxation.


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Re: ESA New Regulations.

Post by oldandintheway on Thu Jan 26, 2017 2:44 pm

I have been retired (IOD Band 3) since 1997 and have never claimed Incapacity Benefit or ESA. This was because my force told me that, if I did, they would deduct it from my Injury Pension with attendant tax implications. I now know that they had no right to tell me that and that I could have claimed these benefits with no deduction from my pension. This, by my estimate, has cost me approximately £80K over the years but I can't do anything about that - I can't really sue them because I took their advice and failed to claim a benefit to which I was entitled.

But this brings me to a point with this new regulation. It gives police authorities the right to deduct from my Injury Pension any ESA "to which I may be entitled". Is there any likelihood that they could make an assessment of what I may be entitled to from now on and deduct it even though I am not claiming it?


Last edited by oldandintheway on Thu Jan 26, 2017 2:49 pm; edited 1 time in total (Reason for editing : additional info)

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Re: ESA New Regulations.

Post by White Horse on Fri Jan 27, 2017 11:14 am

Hi, oldandintheway, I'm sorry you have lost out but perhaps not by as much as you think.
I retired sick in 1997 and claimed Incapacity Benefit. My force never paid the IOD amount as it was deducted and was exceeded by the I.B.
In 2015 I was changed from IB to ESA which was not deductible. So for one year I had the IOD payment reinstated and got both the IOD and ESA payments.
Being in the Work Related Activity Group (WRAG) those payments have ceased after 12 months and I get no ESA at all, but I am having my National Insurance contributions paid. I am still receiving my IOD pension.
Are you still sick/disabled or have you reached pension age?
If not you may be able to claim ESA for 1 year, or more depending on your disability level. Remember also that if you and your "partner" have savings over £16,000 that stops you receiving any payment.
I can't see how a force could deduct payments you are not getting, but if you are still unfit for work, and not over state pension age, you should still be able to claim.
You should also check with the HMRC what your state pension forecast is, as you may be able to pay in for missing years of NI contributions to improve your state pension.
I'm not an expert, just recounting from my own experiences, so hope this might be helpful.

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Re: ESA New Regulations.

Post by oldandintheway on Fri Jan 27, 2017 12:51 pm

Thanks White Horse - I've got enough Pension Credits for a "full" state pension - I'll be 65 in April and have just got my quote from HM - not a fortune but it all helps! As for claiming ESA at this point, I don't think it's worth the stress of the application - I'm a PTSD case and psychological examinations are never pleasant, particularly when the quack involved is looking for reasons not to pay out

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Re: ESA New Regulations.

Post by White Horse on Fri Jan 27, 2017 2:04 pm

I appreciate your point completely, having had 5 such unpleasant examinations since 2000, they seem to be getting more frequent - every 2 years now.
I should add, I don't receive any ESA now, only have my N.I. credits paid - which are at maximum in any case - so all getting a bit pointless!

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Re: ESA New Regulations.

Post by RedDog on Fri Jan 27, 2017 3:55 pm

I believe the £16K figure mentioned earlier only refers to income related ESA but not contribution based ESA payments. Most IODs, if not all, would be on contribution based ESA. However, anybody who gets an occupational pension after April 2001 will fall foul of the DWP £85 per week rule so will not receive a monetary payment but will get NI contributions paid if they still qualify.

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Re: ESA New Regulations.

Post by Beachcomber on Sat Jan 28, 2017 7:52 pm

I assume that the provisions that applied to Incapacity Benefit etc. still stand, whereby, should the IOD pensioner cease claiming the relevant benefit for a period and then at a later time claim the benefit again, the subsequent relevant benefit is not deductible from the IOD pension. Does anyone have ant further information or ideas on this?

Quote from the Narpo Website:

It is also important to note that should a pensioner cease receiving incapacity Benefit or Severe Disablement Allowance and become 'fit for work', but later resume receiving the same benefits, the pensioner is given the 'benefit of the doubt' that they are payable for a different disability and they would then not be deducted from any injury pension - See more at: http://www.narpo.org.uk/index.php/pensions/injury-pensions.html#sthash.0s8AuKj8.dpuf wrote:
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Re: ESA New Regulations.

Post by Twix on Sun Jan 29, 2017 7:36 pm

Has anyone had the experience of being required to claim a relevant benefit by their force and had their IOD pension reduced and then had a period when the benefit wasn't claimed followed by a further relevant benefit claim? How have pensions authorities responded to this anomaly and have they actually paid the full IOD pension to the pensioner who is also claiming the benefit?

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