Army Pension

[OlafJensen]

Can anyone help me with some advice?

I have just been awarded a 30% war pension at £51 a week. I also receive the support allowance from the DWP. Will the DWP take most of my war pension of me as they might class it as earnings? Does anyone here have any experience in this matter?

 

Thank you in advance.

[ScarletPimpernel]

As far as I'm aware they can't touch your War Pension. You can get a definitive answer from SPVA's helpline, though they take ages to answer.

[citizenB]

Hi olaf, I am responding to your private message. It would appear you have been relocated to where you should be.

[OlafJensen]

I am really fed up with being shafted by this government over my benefits claim.

 

I have just received a war pension at 30% and now find that out of £50 a week the DWP are taking back of me £40 a week!!!

The reason being is that I receive support allowance.

 

My war pension was awarded for my injuries sustained whiilst serving my country and being injured in the process. As you can notice I,m not very educated and have no knowledge in matters of law.

 

I need help to fight this government and stand up for all the ex service people who are in the same boat. I would like to ask any lawyers on here if we could start a landmark case and fight for what is right. We have to stop laying down and rolling over every time these politicians think of putting a new nail in the working mans coffin.

 

If no one stands up and fights back we are sooner or later going to end up with nothing. So what do you all think? If we stand and fight at least we may get a positive outcome.

 

So please I do not need any members saying we cant do it. We have to try, and the only way forward is not by laying back and giving up.

Edited April 17, 2013 by honeybee13
Controversial word removed.

[honeybee13]

Hello there.

 

Have you discussed this with any of the organisations that help ex-servicemen? They might be able to give you some pointers.

 

My best, HB

[OlafJensen]

No I have not, thanks. I really have in mind a professional who has some sympathy for ex service personnel. Obviously its a big ask, I know that. I cant see any other way. We are the one,s who are paying for this mess we are in. I just hate the way a few people can make the majority live like the way we have to. And I believe it,s going to get a lot worse.

[jackieandwayne]

Oh at last = a breath of fresh air in this whole sorry mess. Of course everyone ought to be standing up for their rights, even if that means challenging the dwp in Court.

 

Seems very simple to me - if you paid NI contributions all the years you worked, and then they won';t help you when you genuinely need it - you want your money back!

 

Problem is how? So, legal chaps, any ideas? For all of us, ex-service people, sick people, disabled people, people having to give up their homes, single mums choosing between food and heating, people being forced into degrading no pay jobs as if they are beggars - all of us.

 

Some people weren't very pleasant about that young girl and the hoo hah over the Poundland job - I say good girl, and now everyone else jump on the bandwagon wherever you can. With a little help from our legal friends on here.

 

I am hearing more and more horror stories every day, and its starting to alarm me now.

[honeybee13]

Hello again.

 

We have a special forum for armed forces issues, I'll move your thread there. They guys should have some ideas for you. There will be a short term redirect from this forum for you to follow.

 

HB

[postggj]

The only possible way you are going to take the government to court on benefit related matters is through a judicial review

 

Judicial reviews are decided on points of law. If they find in your favour (LAW LORDS) that the law is detrimental to your human rights, then they will give a decision to change the law . That then becomes a precedent and case law

 

You really need to speak to a solicitor who specializes in this area of law

[OlafJensen]

Yes I know Squaddie. Thats why I have started this thread. There must be a solicitor or 2 on here that could advice and possibly help. Maybe someone who is retired or has friends they know. I,m only asking you all to stand up and start saying we are not having it no more. I,m not asking for hand out,s. Believe me I have worked my socks off for this system.

[OlafJensen]

this I sent to my MP. Lets see what he say,s

 

Support to War Pensioners, and remove their War Pension from ESA assessment .. Is this the way we thank those who serve their country ?

 

The information below has been posted upon my partner's FB page. He is a UK War Pensioner who has been told that his War Pension must be "counted as income" when assessing his ESA claim. Is this the way in which a country honours its War Veterans ? .. For information he has grown-up supporting the Conservatives, but has vowed that he will NEVER vote for them again .. Thought you might be interested

 

This information was posted by a War Pensioner, who has been effectively silenced by the administration who have either failed to respond to inquiries or stopped further investigations. The information whilst lengthy provides some information concerning the functionality surrounding Atos Healthcare .. Interesting reading, one thinks .. please feel free to share the information as you happen to see fit & start the revolution ..

 

My concerns are quite clearly not simply the fact that I object to private sector involvement in medical assessments but that the private sector involvement being used is Atos Healthcare, whose so called medical assessments are demonstrated to be totally bogus. Their assessments are copied from the highly discredited American corporate insurance giant UNUM Insurance - who were banned from operating in no fewer than 15 US states and 6 countries worldwide until 2008. Atos Healthcare has copied the confirmed bogus UNUM Insurance assessments to reduce the Department for Work and Pension's (DWP) welfare budget, at the invitation of the DWP, whilst terrorizing our sick and disabled people, including disabled War Pensioners.

 

The disturbing and very detailed research evidence provided for you has been accepted and welcomed by frontline national charities such as the Citizens Advice Bureau (CAB) and Macmillan, together with welfare professionals, veterans charities, select committees, MPs, members of the House of Lords, His Honour (HH) Judge Andrew Bano and medical professionals. HH Judge Robert Martin, when President of the Appeal Tribunals, wrote 10 consecutive annual reports all condemning the medical assessments by Atos Healthcare and it was HH Judge Martin who actually encouraged my research and instructed me to keep HH Judge Andrew Bano informed as he was in charge of the appeals for all War Pensioners. I have received letters from Judge Bano welcoming my very detailed evidence, yet the Chief Executive of the SPVA refuses to access the same very detailed reports.

 

I would urge you to at least access the evidence as supplied to you to permit the new Chief Executive of the SPVA to be much better informed than you are at the moment. Indeed, the report: Welfare Reform - Redress for the Disabled was quoted no fewer than four times during the recent very lengthy welfare reform debates in the House of Lords. Therefore, it is hoped that you can

 

comprehend that members of the House of Lords are very unlikely to quote from any report that is limited to one person's complaint against the system, as you do appear to be suggesting.

 

NOW WHAT WILL DO?

 

I have just received a War Pension at 30% disability, and quess what? I will be lucky to see £10 of that, as the rest will be taken back by the DWP.

 

I find it disgusting and immoral that I have received this compensation and then stolen back by the government. This pension is for me because of injuries serving my country. A country whose leaders have shafted me again. It took me nearly 20 years for me to get this pension. How long will it take now for you MP,s to make it right??

 

Will you please get back to me on this matter with some urgency, as I have a dark feeling you might sweep this under the carpet.

 

Regards Mr O Jensen

[postggj]

Might i suggest your local law centre if you have one, or the cab, they will be able to set up an appointment with people who specialize in this area of law

 

i am with you 100% as someone who was medically discharged from the army myself

[Lea_HTH]

You say you are getting 'support allowance', one presumes that is ESA? Is it contributory or non-contributory based?

 

It's almost certainly not your war pension that has been reduced, but the ESA. So you'll need to be a bit clearer as to what has actually occurred.

 

Regarding Judicial Review - the process allows you to challenge a decision by a public body - it is a process to see whether the decision made was lawful or unlawful. You have to exhaust all possible alternative remedies before bringing a claim. One of three decisions can be made, quashing, mandatory or prohibiting orders. I suspect that it is your ESA that has been reduced, as many benefits are if there is income from another source.

[OlafJensen]

Yes it is my ESA being reduced £ for £ up to £40 a week. I know they cant take the pension off me, but in effect they are, by other means. As for the legal side. I have posted for the very reason, I do not have a clue.

[antone]

Yes it is my ESA being reduced £ for £ up to £40 a week. I know they cant take the pension off me, but in effect they are, by other means. As for the legal side. I have posted for the very reason, I do not have a clue.

 

I think a political approach might be more effective than a legal challenge. In respect of your current situation, I would think that the DWP is applying the law as it stands correctly - scroll to section 51080 of DWP DMG51 to see what I mean. Most vets benefits and pensions have a £10 disregard and are then deducted pound for pound, which explains why you receive £50 in your pension and lose £40 from your ESA(IR).

 

So what you really want is a change in the law.

[OlafJensen]

There are new pension laws that come into effect next year. When I can receive whole or part of my army pension. I am due the pension at the age of 60. I am confused if I am entitled to claim my pension early.

[stu007]

Hi OlafJensen

 

So you are on about your about your Armed Forces Pension so what you really need is clarification of your pension from the Forces Paymaster.

 

The Forces Paymaster is - Equiniti Paymaster have a look at this CAG link: http://www.consumeractiongroup.co.uk/forum/showthread.php?402824-Armed-Forces-Pensions-Equiniti-Paymaster-**Correct-as-at-Feb-2014**

 

The Detail for the paymaster and link are their for you.

 

You will need to contact them for clarification.

[OlafJensen]

Thanks, i,ll check that out.

[stu007]

Hi OlafJensen

 

Just thought Id pop in to see if you managed to get the answers you needed about your Army Pension?

[OlafJensen]

No I have not. I will get back to you soon

[OlafJensen]

I tried ringing them this morning. They said it must be in writing. It will be a couple of weeks for a reply. I,ll let you all know.

[stu007]

thanks for the update let us know how it goes

[OlafJensen]

OK here is an update. The Glasgow Veterans Pensions have not had any guidelines yet In regards to the new pension law coming into effect 2015. But I did find out that if you are on DLA and are unable to work, you can collect your pension early. I am entitled to receive my pension at 60. I am now 53. Because I am on DLA I can have my pension now.

What I,m interested in now is: will I get some taken off me due to the fact I,m claiming benefits?

[stu007]

Hi olafJensen

 

Many thanks for the update.

 

As this is a normal Armed Forces Pension sadly YES for certain benefits it may be classed as an Occupational Pension and you would have to declare it as a change in circumstances. (remember this is only for certain benefits only not them all) HB & CTB, ESA (previously Incapacity Benefit)