Employment and Support Allowance (‘ESA’) and injury pensions

Reduction of Employment and Support Allowance (‘ESA’) from injury pensions finally gets put on to the statute books.

 

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Our advice to our members remains the same.

You will need to make an application to the DWP for ESA and also Industrial Injuries Disability Benefit (‘IIDB’), as both are now deductible benefits from an IOD award.

If successful with an application, the equivalent amount of money will be taken off your injury pension. They may only deduct money in relation to your qualifying injury.

If unsuccessful with the DWP, please do not worry. Forces will not deduct any monies, but they will need to see that pensioners have applied and failed, so please ensure that a copy of your refusal from the DWP is forwarded to your force.

Employment and Support Allowance (‘ESA’) and injury pensions

16 thoughts on “Employment and Support Allowance (‘ESA’) and injury pensions

  • 2018-03-05 at 11:06 am
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    If you had a continuous claim starting with incapacity and transferred to ESA , claim starting before the 6th April 2001 then you will be due to have money refunded to you. These claims are not yet subjected to means testing against your pension as they have been red circled untill April 2020 (Transitional arrangements Incapacity Benefit to ESA and Pensions).
    If you are a newer IOD then it will make little difference. It does however reset the pension regulations back to more or less where they were albeit that Incapacity Benefit has been replaced by ESA.

    • 2018-03-06 at 8:37 am
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      I should also have said that it has to be a separate or subsequent claim to the one made on the original injury retirement. For example if you took up further employment then went sick again and submitted a further claim.

    • 2018-03-08 at 11:44 am
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      Hi Graham
      Can you explain that to me. I have a continuous claim from incapacity to ESA which started IN May 2001 but is classed as a linked claim taking it back to before 6th April 2001. I am having my ESA deducted so why do you say that I would be due a refund. Also I have not heard about the Transitional arrangements you mention. Could you tell me more please.

  • 2018-03-04 at 9:16 am
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    What you receive in benefits will be deducted from your pension so in effect you will still have the same amount of money. It just means that whichever force pays your pension gets to pays less out of their budget..A money saving exercise for them.

  • 2018-03-03 at 8:20 pm
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    I thought that this piece of legislation was being challenged by the Fed as it had been created by the use of the wrong legislation?

    Mind it’s an IOD matter so no one actually cares!

  • 2018-03-03 at 7:36 pm
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    Mmmm……. I don’t claim any benefits nor have I ever applied. When I was awarded the injury award last year, I was just asked if applied and said no. Apart from the obvious not coming from the pension company…… what is the benefit of attempting to claim, go through all the forms to get the same money! Call me stupid but I don’t get it………

    [admin: if your force believe that you may entitled to one of the awards, they may reduce your injury award accordingly, whether you receive it or not. It is in your interests to see if you are entitled to it. You will be no worse off either way.]

    • 2018-03-03 at 8:00 pm
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      Be off benefit for people to claim prior to an IOD award to help when on no pay ect. Sounds like if your entitled to it claim as you will be no worse off overall

    • 2018-03-03 at 8:25 pm
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      The only benefit of getting ESA is that when in receipt of that benefit your national insurance contributions are paid which will ultimately increase my state pension if I am lucky enough to see it. I have been in receipt of ESA for 12 years now.
      With the additional 12 years I now have 32 of the required 35 years national Ins contributions towards my state pension having retired many years ago. Another 3 years to go and they can happily keep their ESA. The sting in the tail is that you get the full amount of ESA deducted from your IOD pension and tax on top of that…although I believe a judicial review is running at the moment in relation to the tax.
      I have been fortunate in that when Incap Ben transitioned across to ESA they forgot to make it a deductible benefit so my pension provider is in the process of paying back all my ESA from 2012 to 2017..

      [admin: I think you’ll find that if your employer opted out, which most if not all forces did, you’ll need 40 qualifying years for a full state pension]

      • 2018-03-04 at 12:04 pm
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        Hi Admin,
        I am 52 years of age and I have recently requested and received a pension statement and have 32 of the required 35 years needed for a full state pension. My employer did in fact opt out but this has only changed the outcome by a year.
        I would recommend everyone get a written pension statement so they can plan for the future. Can be done online or as I did a 5 minute phone call.

    • 2018-03-03 at 9:01 pm
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      The point is you will be worse off claiming ESA especially if you were claiming it before April 2001. If you are in the Support Group then you will be taxed at source i.e. your tax code will be reduced to take account of the benefit. The Police Pension Authorities then deduct the benefit gross from your injury pension after you have already been taxed on it!

      The PPA should be deducting it net but they have been getting away with this “double taxation” issue for years even when it was Incapacity Benefit. Bearing in mind Police Injury Pensions are supposed to be tax free I would suggest this is unlawful.

      I would hope our solicitors will finally bring this to Judicial Review!

  • 2018-03-03 at 5:30 pm
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    Double taxation issue ignored again.

  • 2018-03-03 at 4:54 pm
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    To all those worrying about his please don’t … I was recently medically retired from the force with an injury pension ((in 2017). I claim esa support group and 60% industrial disablement (IIDB)… when I went through capita it was very straight forward and the esa and IIDB figures were just deducted from my IOD award. I have been reassured that if my esa ever ceases then my iod will be upped by £450 or so a month to reflect this … my IIDB was awarded for life so this shouldn’t change. The Dwp process is a nightmare but once it’s done it’s one less thing to worry about . Xx

    • 2018-03-03 at 9:11 pm
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      Good evening, I was moved to ESA from Incapacity Benefit and placed in the Support Group. Having been through the DWP process I agree it is a nightmare. Unfortunately, in my experience, the DWP process doesn’t end. I have been reviewed several times upon the expiry of my ESA award. Mine comes around every 5 years or so and I have been sent a detailed questionnaire asking for all the info all over again. Last time, mine ran to 20 pages because I felt they that they required full disclosure to answer their questions and not just an update from the last review. As the years go by, my response will get longer and longer. One point in their favour – the lady that did my last ESA review was very understanding but I have experienced a full range during my time on IIDB, IB and ESA. Some were downright atrocious. Review time for me is a nightmare because of what it stirs up. The current issue with medical reviews in Essex come on top of a review by County Hall Essex in 2017 trying to establish what benefits are in payment to IOD pensioners. Those who instigate reviews might like to think on that theirs isn’t the only one. Would they like that level of intrusion after they retire? Good luck with your ESA and the DWP.

  • 2018-03-03 at 4:45 pm
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    Having applied for ESA and completed a lenghty application form, the DWP dealt with it within 1 month declining my application and provided a written response. The IIDB has taken longer and required an interview with a Doctor which took several weeks to arrange and now 1 month after the medical I am still awaiting a decision. All fairly straightforward as was the IIDB medical.

  • 2018-03-03 at 3:28 pm
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    Good afternoon.
    I used to get Incapacity Benefit until it was stopped after a reassessment by ATOS several years ago. The amount of the Benefit was added back onto my Injury Pension and has been paid ever since by Northumbria Police. Will this new Regulation affect me? Do I have to apply for these Benefits?
    At the moment I receive no Benefits whatsoever other than my Police and Injury pension and I am happy if that situation continues.

  • 2018-03-03 at 3:07 pm
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    So they can take money we have recieved from esa and IIDB? Wont have anything left!

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