question about war pension

Discussion in 'Armed Forces Pension Scheme' started by nanotm, Nov 22, 2011.

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  1. ok after waiting over a year i had my wp assessment, it took another month forsomeone to explain to me what part of the wp application form i was required to fill out, having done all this i have now recevied my letter explaining ot me what my award is and what its for.

    owing to circumstances i was forced ot claim ESA last year after discharge, (my original pension was assessed as tier 1, i complained before i was out and so my case was assessed that took 3 months and finally i was given a tier 2 award, notified by phone call in mid september and letter a week later, the pension started to be paid end of october) now as i said in the interim i was forced to go through the claim process for ESA in order ot provide my familly some form of income during this period and that ESA claim continued to be paid untill april, during the merry go round of assessment/apeal/tribunal.

    in april when i was unable ot attend the tribunal owing to circumstances beyond my control ESA was stopped and i was told it would be 18 weeks before recalim was possible (i didnt bother to file a new claim) my war pension will be backdated ot the day of discharge (9 july 2010) as it was a tier 2 discharge and as such automatic application was filed as at the day after discharge.

    my WP award letter shows my % award and states that any arrears owed will be distributed once the ammounts reqiuired ot be abated by the ESA claim have ben worked out, i was advised by phone that if i hadnt claimed esa i would of been awarded some of the allowances and suplimentary parts but because of the esa claim any entitlement was voided, is this factually correct or since they didnt actually receive the notification to make the assessments untill after the esa claim was finished should the various elements be awarded and paid wiht abatement in full for hte ammount of esa paid ?

    i ask because it seems like were being screwed over by a system that was unable to correctly apply its own admin rules and at no point was i advised that making an esa claim would adversly affect any future assessment or awards, indeed i was advised to make claims by various people in various organisations ?

    please note i'm not wishing ot be a millionaire or anything so nice, i'm just rather stressed and unable ot find any thing other than the WP panel may pay you whatevery they like once they have made the assessment and will remove or add any supliments or allowances as they deem fit and as the claiment i seem to have no option other than tribunal to apeal since they wont answer straight questions over the phone.
  2. Article 15 of the Service Pensions Order, as amended in 2009 here. "No award of an allowance will be made .. in receipt of .. employment and support allowance".

    So that means that you can't get the allowance for lowered standard of occupation if you were in receipt of ESA on the day before you made your claim. From what you say, you claimed for a war pension before you were in receipt of ESA and you weren't in receipt of ESA on the day before the claim was awarded.

    You may well have a case but it depends on the precise dates things were submitted. Of course, even if the WP people are administratively correct, you can now get ESA - you just don't seem to be able to get ESA and ALSO at the same time now.
  3. ok thanks for the reply,

    the dates are that my discharge was 08/07/2010 the WP is being classed as auto applied for as @ 09/07/2010, the esa claim was made on 03/09/2010 through to 04/04/2011 and the wp assessment was taken in august 2011 and will start being paid in jan 2012 less any ammount they wihthold,

    what i'm more interested in is the supplimnets for spouse and children and lowered standard of employability if i get those (fine by me if the ammounts for all of it is withheld for the period of esa claim) and then paid for the remainder
    (since april) i wont be claiming for any other benefits nor wioll i need ot attempt to go through the very stressfull merrygo round of claim assess apeal tribunal wait reclaim, it sounds rediculous but the system does not grant you a limitited capability for work so long as at least one of your hands can be used for everything and in the case of back pain your able to sit on a chair for 10 minutes, even if your suffering sepage unless your dying of one of about 5 illnesses, the fact you manage ot attend the appointment and arnt in hospital means your not going ot qualify for a limitation.

    the funny thing is that you cant claim income support your only option is to see your gp and get a fit for work certificate when your apeal fails so you cna claim jobseekers allowance or end up wiht zero income, personally since my pension started ot be paid and ven though we have ot pauy our rent out of that i prefer not needing to claim although needing ot fund school trips (since the funding help to pay for them has been removed) i now need ot find some extra income, well that and of course it would
    be nice to have an income above the bread line.

    still who knows maybe since norcross has made the atributability decission maybe they will make my normal pension tax free or change it from sip to sap or (not that i expect it) increase the ammount payable.
  4. There is unemployability (s12) which has wife & kiddie supplements and doesn't mention ESA in the rules (and needs >60% assessed disability), and there is "lowered standard of occupation" (s15 & 40% or greater assessed disability) which does link, as noted, to any ESA claim but hasn't got wife and kids supplements.
  5. ok so then why if my assessed % doesnt include those 2 elements are they saying they are going ot withhold the WP based on the fact i received ESA ? maybe i missed something but according to there assessment they wont include a couple of conditions (well that is to say they dont mention them on the award letter) so how come if i get only the basic WP payment are they talking about withholding some or all of it based on the fact i claimed ESA ?

    i didnt/dont get DLA (since for some reason i was unable to claim it unless i qualified for ESA on the assessment) and the assessment rate of ESA joint is lower than the rate of JSA (which you can claim in full with a WP without any abatement) is something just messing with my head or are they just delaying making the payments untill the next budget uplift occurs ?

    the letter oddley states that ;

    the money will be credited to your account on 17/01/2012
    we owe you some arrears, arrears due to you are from 09/07/10 to 27/12/11

    as soon as our enquiriers about ESA for hte period 090710 to 27/11/12 have been completed, any arrears which may be due to you for this period will be released

    does this mean there going ot give me a chunck of cash and then ask for it back ?

    does it mean that potentially i am going to not actually receive anythign untill december next year or is it all just a pile of bollocks meaning thanks, were looking at your case and at some point in the future will will actually tell you whats going on ?

    i'm seriously confused now
    • Like Like x 1
  6. See PM
  7. hi i have had the same letter as you , i am confused to did you get any arrears or a wad of cash kos i couldnt make any head nor tail of it ,do the give the arrears to esa or what , because its a few grand ,at the end of the day its your compo ,. is there a chance tha you could help thanks my e mail address is thanks again
  8. im in the same boat dont no wat the f..k is going on are the going to pay me arrears yes or no
  9. Hello Lads I can't help you with the forms side of life, but just be aware to brace yourselves for the WP coming back looking rather stingy as from my experience they don't tend to pay a great deal for below the 40% mark. I fully understand its not the amount and that every little counts! The esa payments may outway the arrears. Hopefully someone more in the know will be able to help you today

    Best of luck Ten
  10. ok so i can confirm they kept back a small amount of the money (about 15%) but i'm not sure if thats to do with underpaying tax on my main pension last year or being given the esa (the ammounts are roughly equivilent) so i got a big chunk of cash albeit a little latter than the first letter suggested, then again i think it was just something ot fill an envelope with and let me know something was coming at some point tbh.

    they sent a proper letter giving actual dates and times and various other things and giving the payment ammounts less any subtractions and so on, which despite the fact whoever wrote the original needs ot go back ot classes and learn english (given there name there an imigrant) so things they send out make sence, or perhaps a supervisor should sign them off, as far as it goes the lowest level of weekly payments is more than 2k when you have ot wait almost 2 years for it .........
  11. If you're receiving a war pension then you should be on a medical pension? in which case it should be tax free so it sounds like payment kept to cover esa, or they have screwed up.

    At least you got it sorted.
  12. only if they make it tax free at the start or change it to tax free in the future and then pay me back all the tax paid to date.
  13. ok stupid question perhaps, i received my WP notice in october telling me the start date for payments was 27/01/12 and that backpay would arrive 27/12/11 the backpay was late by more than 2 weeks but now the actual pension payment hasnt gone in, despite the revised letter in early jan stating the monies i received were for the backpay less deductions up to the original date + the few days of lateness and i would receive monthly payments as advised previously

    now its the 30/1/12 and still no hint of hte monthly payment, does this mean its also delayed by the same ammount or does it mean there just oging ot start paying a month later and give me the extra 3 weeks then ? i kow its late and no doubt i'll receive another letter sometime in the next 4 weeks but its annoying me and i cant ring them up for another few days owing to other appointments


    never mind it seems they changed the payment date....
  14. Hi All,

    Can someone please advise me how to turn a War Pension application form from an adobe file into a word document or something that can be completed electronically on a computer? I'm currently assisting someone with notoriously bad handwritting & want to avoid any probs/delays in sending his file to SPVA. He has made a similar request to SPVA by email but has yet to receive their reply.

    This relates to the period 1975-2005 (1981).

    Sorry to hijack the thread, it didn't seem appropriate to open a new one for such a trivial affair:)
  15. just write it out for them and have them sign the declaration .....