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War Pensions and Incapacity Benefit - A Cautionary Tale

General chat about Military Finance, Pensions, etc.
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georgedingwall
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War Pensions and Incapacity Benefit - A Cautionary Tale

#1 Post by georgedingwall » Wed 02 Aug, 2006 9:15 am

Hi all,

A word of warning to any war pensioners with a disablement assessment of 80% or more who also claim incapacity benefit.

I received a form from the government last week (IB50) to fill in saying that my incapacity benefit was being reviewed and I had to return the form withing 28 days or lose my benefit.

One of the exemptions to this sort of review is a war pension disability assessment of 80% or more. My assessment is 80%.

I phoned the office that sent me the form to ask them why I had been sent a form when I am exempt from review. They told me that the rules had changed and that all incapacity benefit recipients now had to be reviewed every five years regardless of their previous assessment.

I disputed this with them and asked for the details of the the rule change or act of parliament which brought this rule change in. The operator could not give me that information and neither could her supervisor.

I insisted that they investigate further before I would send in this form. They warned me that if I didn't send in the form that I would lose my benefit. The supervisor eventially agreed that she would look into the matter further and call me back.

When she got back to me she was very sheepish about it and confirmed that my current assessment meant that I was exempt from IB review procedures. She appologised for any inconvenience caused and informed me that I did not have to return the form.

Now there are two spins you could put on this story.

First - This was just a cock-up in a local benefit office and the staff just didn't know that 80% War Pensioners were exempt.

or,

That this might be a deliberate attempt to force severely disable ex-servicemen to submit to a medical review in order to try to reduce their disablement assessment which would lead to a reduction in their disability benefits.

Either way, this may have implications for any 80% war pensioner who is not aware the they are exempt from IB review procedures, and who may unwittingly submit to them when they don't need to.

If any of you are in the same position as me, or know anyone else who is, please pass on this message so that people are not conned into having an unnecessary medical which might find them losing some of there benefits.

Many thanks.
George Dingwall

Invergordon, Scotland

http://www.georgedingwall.co.uk/

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nigeats
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War Pension Reviews

#2 Post by nigeats » Fri 13 Oct, 2006 1:47 pm

I am at 50% after taking the VA to a Tribunal a few years ago where they increase me from the 40% that they offered me from my medical discharge from the RM's. I have always been aware that in their correspondence to me that they have always stated that I would be on a review every couple of years which bugged me to say the least. But with my condition (Dysplasia and Osteoarthritis of both hips) I am not worried in having to "prove" to the VA that I do indeed have my condition, as my consultant will testify as he has just operated on one of my hips with a re-surfacing procedure.

I am awaiting news from the VA with regard to my latest condition. Having informed them that I have had this prosthesis I am suspicious that they, the VA people, will "want" to reduce my percentage which after all is my compensation for the injury from service which has been accepted as attributable. I agree that they are acting underhand and I for one am always suspicious of them. I would like to think that in my case I would at least attain my percentage if not have it increased by 10%.

Anyway, good luck with your stance and if you have any advice then please pass it onto me as I think that I may be taking them back to a tribunal sooner rather than later. Nigel.

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