ESA and Band One IOD Pensions

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ESA and Band One IOD Pensions

Post by Beachcomber on Fri Mar 10, 2017 8:01 am

I assume that PPA's will seek to deduct ESA and any other deductible benefit from band one IOD pensions as they will with the higher bands.

There will be many instances where the benefit will exceed the band one IOD pension - effectively cancelling it out. Does anyone know how it works in practice?

If PPA's contact band ones enquiring about their eligibility for ESA as they are with those in higher bands, then it could be the first contact that the pensioner has had for many years. If this is correct, we may get worried band one pensioners approaching us for advice and assistance.

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Re: ESA and Band One IOD Pensions

Post by Adversity on Fri Mar 10, 2017 8:22 pm

The thing with ESA, as opposed to incapacity benefit, is that to be eligible for the lowest level of ESA (the WRAG group), you have to be incapable of ANY work.  To qualify for the 2nd tier of ESA (the support group), as well as being incapable of ANY work, you are also incapable of ANY work related activity.

To answer your point about how band ones will cope if awarded ESA, I would argue that the only people who could even consider getting ESA are those on a band 4 pension, ie 100% disabled, which would therefore agree with the DWP assessment of being incapable of any work.  If a band 1/2/3 gets ESA, they may want to ask their force for a reassessment of their pension, as the DWP assessment would indicate they should be on a band 4 100% disabled police injury award.

Incapacity benefit was different, it was effectively like the old sick note-you were either signed off, or sent back to work.  Your degree of illness was not assessed. And when your payment ended, you were off incapacity.  That allowed the use of the pension rule about having one day off incapacity meant that if you were later to reclaim it, the 2nd claim was considered independent of the first under the benefit of doubt principle-IE that your second period on incapacity was held to have nothing to do with your initial injury, and hence could not be looked at by the police. (I am not explaining this well, one of you will be able to expand on the benefit of doubt principle).

Be warned, with ESA, you may find that, for various reasons, your right to ESA payment ends, but your ‘entitlement to the benefit’ remains -ie you get £0 but you are still on their books.  So if it should be that you later find yourself again entitled to an actual payment of money, the claim is linked, and hence you do not have the ability to use the previous benefit of doubt principle of the 2nd claim being for a ‘new unrelated’ illness.  It is complex, but say for example you are awarded ESA WRAG. You are only entitled to this for 365 days, if it is contribution based.  After 365 days you get £0, but they will pay your NI.  6 months later, some person reviews your case, realizes there has been a blunder, and puts you into the support group ESA.  The Support group ESA pays indefinitely, as long as you are sick.  So your payments restart. If you had had one day on incapacity where your entitled ended, and it later restarted, the police were unable to deduct that second period of payment. You have no such protection on ESA, as the ‘entitlement’ does not end, as such, as your case remains open.

I am not quoting this from old articles, this scenario happened to me, the police deducted my WRAG ESA, my 365 days ended, and then 6 months later DWP restarted it as support group ESA, which the police recommenced deductions off.

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Re: ESA and Band One IOD Pensions

Post by Beachcomber on Fri Mar 10, 2017 8:36 pm

Many thanks for that informative reply Adversity. The change to ESA and the amendment to include it as a deductible benefit is concerning many of our colleagues.
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