War Pension - Unemployability Supplement

Jay_Tee

I was made redundant at the beginning of this month, while I was signed off work recovering from an operation (an elbow replacement), and I’m currently signed off by my GP as being unable to work due to rheumatoid arthritis.

I receive a war pension at the 60% disability rate, together with a small occupational ill-health pension. I applied for the unemployability supplement for the war pension as my accepted condition (rheumatoid arthritis) would prevent me from being able to get another job (if I could get another job I would do so as I’m qualified as a Civil Engineer and the money would be a lot better than the pensions).

To put the level of disability I have in perspective I’m far from being confined to a wheelchair, but I’ve has to have other joints replaced as well as the elbow, the knuckle joints of my right hand and my right hip. The heads of the metatarsals of my left foot have been removed, I have the same problem that necessitated this surgery in my right foot with three dislocated toes and the heads of the metatarsals sticking downwards and distorting the skin underneath my foot. I also have issues with my left elbow as the cartilage has disintegrated and the joint is now bone on bone, and this is likely to have to be replaced in the next 18 months or so, I have an appointment in November to see if my left shoulder needs replacing.

In the last two years I’ve been signed off by either hospital Consultants or my GP for problems with the RA for 24 weeks (two operations and two flare ups).

I can’t see with a condition like this I’m going to be able to find work, yet the Service Personal and Veterans Agency tell me that this does not make me unemployable, and will not pay the supplement.

Am I being unreasonable thinking this is unfair? At the moment my only income is the war pension and my occupational pension.

healy

I do not know much about this subject but I do know that the British Legion can help out in these sort of circumstances, so if you have not tried them already it would be a good idea to contact them for help.

alwaysonthego_2

I am going to move this on to the Pension Board so you get better response. If the op would like it returned to the Benefits board he can PM one of the BGs on here.

Jay_Tee

healy wrote: »

I do not know much about this subject but I do know that the British Legion can help out in these sort of circumstances, so if you have not tried them already it would be a good idea to contact them for help.

I phoned the British Legion who were very helpful in about asking for a review and offered legal support if I needed to go to a tribuneral.

However, I also contacted the Veterens Welfare Service who have arranged for one of their case workers to come to my home to advise me on how to ask for a review and other benefits, and will talk directly with the Service Personal and Veterans Agency on my behalf. Their contact details for local offices can be obtained from the SPVA Helpline telephone number.

redz

I've no experience of benefits administered by the Veterans Agency but if they operate along the same lines as those administered by the DWP then you should have the right to have the decision reconsidered or to appeal against the decision.

I would contact the Veteran's Agency as soon as possible to request the decision to be looked at again. I would also try to obtain as much supporting medical evidence as possible to go along with your claim.

As your query is about a state administered benefit I would also request a board admin to move your post back to the Benefits and Tax Credits where you originally and correctly posted. There will be a greater probability of more accurate and comprehensive advice on there.

EDIT Oops. I see you have already contacted them. Sorry, still on my first coffee of the morning. I'd ignore all but the last paragraph.

Pete268

Hi,

As a War Pensioner, RBLCase Officer and War Pension Conmmittee member myself, I can appreciate your frustration.

However,something to be considered, is are you currently getting ALSO (Allowance for Lowered Standard of Occupation)?. Depending on your final rank/trade when you came out of the frorces, this could be worth upto approx £57per week.

The problem if you are, and then are successful in getting Unemployability Supplement, you will lose your ALSO as the two cannot be paid together.

If you claimed ALSo before 5th April 2009 you can claim Incapacity Benefit or ESA and keep your ALSO. I have known some people to be actually worse off by claiming Unemployability Supplement, so it is best to check you will not fall into this group before proceeding as you could be better off claiming Incapacity Benefit/ESA and ALSO combined.

However, one other way to persue your Unemployability Supplement claim, is to take your case to your local War pensions Committee (WPC) as a 'Panel Case'. A panel of three WPC members will probably want to interview you, but it is very relaxed and it can add a lot of weight to your case which may then be re-put to the SPVA. It can be run in parallel with any case being taken to a First/Second Tier War Pension Tribunal and ultimately can save having to go to the tribunal stage.

PM me if you would like any further info.

Regards

Peter

Jay_Tee

Hi Redz

Thank you for your kind reply, hopefully I'm doing everything correctly with the SPVA. I'll just have to wait to see how I get on with the case worker in a few weeks time :beer:

Jay_Tee

Hi Peter,

Thanks for the advice it is much appreciated.

At the moment I'm just getting the WP itself and no supplements, so I can only be better off by getting the Unemployability Supplement, or even ALSO. I'm in the process of claiming ESA just in case I can get help from that.

I know about the War Pensions Committee from the leaflet with the letter saying I didn't qualify for Unemployability Supplement, and I think after seeing the Veterens Welfare Service case worker that's probably the route I'll take, my disabilities are pretty obvious so talking to someone face to face is the best way forward for me.

I'll probably be in touch with you after the case worker meeting in mid October for advice if that would be alright?

Thanks and best wishes

Browntoa

I think this is more about Benefits on top of the pension so moving to Benefits

tanith

Would not what used to be Incapacity Benefit (I forget the new name) be appropriate to look into if you can no longer work?

Jay_Tee

tanith wrote: »

Would not what used to be Incapacity Benefit (I forget the new name) be appropriate to look into if you can no longer work?

I have applied for it as from last Thursday (Employment and Support Allowance), it's a little complicated as Peter said above ESA and Unemployability Supplement can not be paid together, you can only have one or the other.