Ex Soldier with War Pension

Simon_78

Hi,

I'm an ex soldier that was medically discharged 10 years ago and I receive a war pension for my efforts, however this pension alone isn't enough to cover rent, bills and normal living costs.

I'm also a single dad who has residency of my child and receive child benefit and child tax credits.

I'm out of work and struggling financially, in the past I have been turned down for council tax and housing benefit as the council took into consideration my war pension and said I wasn't eligible for assistance.

Has anybody else had this problem with councils and what other assistance is available too me? I've approached the veterans agency and there isn't anything else I can claim via them.

Cheers

Housing_Benefit_Officer

It used to be that some Local Authorities disregarded it in full, some disregard some elements but not others, some just disregarded £10.00.

Every Local Authority I have worked for has disregarded 100% of it.

Under section 134(8)(a) and 139(6)(a) of the Social Security Administration Act, local authorities have discretion to apply an additional income disregard to war pensions (War Disablement Pension, a pension to a war widow or war widower or a similar pension paid to a surviving civil partner) after the mandatory £10 income disregard has been applied. The HB and CTB (War Pension Disregards) Regulations 2007 prescribe the payments which make up war pensions that may be disregarded by local authorities operating a discretionary local scheme.

I am sure that nearly all Local Authorities disregard 100% of war pensions now after some very successful campaigning. Perhaps check with your Local Authority to see if they now disregard it in full.

Horseunderwater

There's another board on this site called debt free wannabees - not just for those in debt, they will help you with your budget & suggest ways to save money. There's also the old style money saving board, who can help with cheap recipes & stuff to help money stretch.
Also if you have any health issues due to your services for this country, you may be able to apply for ESA, which is initially £72.40/week, then if you get enough points, you might get placed in WRAG or better still the Suport group. Both can be income related. Or if your child is under 5 there is income Support & if over job seekers allowance, but you only need to work 16 hours/week as a single parent. This would mean Working tax credits as well as the child one.

dippy3103

Like HBO all the authorities disregard in full war disability pension when calculating benefits. However occupational pension is treated like any other pension.

SandraScarlett

Hi, sorry to hear of your problems. Have you contacted SSAFA, to see if any help is available there? I wish you well.


xx

Housing_Benefit_Officer

about 6 or 7 years ago there were 4 or 5 Local Authorities that still didn't disregard War Pension in full.

What sometimes happens is War Disability Pension is classed as a normal Army Pension and not disregarded.

Simon_78

Whenever I've tried to claim in the past the LA's have always taken my War Pension into account and in doing so I have never been entitled to assistance.

When you say disregard, does that mean they shouldn't take it into account?

With regards ESA, my war pension payment is also made up with a component called Lowered Standard of Occupation which I can claim as I am classed as 40% disabled by the veterans agency, in claiming this component however, I am not allowed to claim ESA or Jobseekers unless I tell them to stop the payment and put myself on the dole or wait x amount of weeks for ESA to kick in. (I have claimed ESA in the past and it was stopped even though I was still in recovery from operations, as a result I gave up fighting the system and opted to claim the Lowered Standard component of the war pension)

I have made a claim under PIP but I received a letter saying it will be 12 weeks before they assess my claim (absolute joke) and I have been in touch with SSAFA and Help for Heroes for assistance, but there isn't a great deal they can do.

I honestly feel like smashing my head against a wall as my war pension at times feels like an absolute burden and hinders me from getting any support.

I'm going to approach my LA again and speak to the veterans agency.

Housing_Benefit_Officer

100% disregarded.

In the old days some disregarded in full, some disregarded certain components and not others and some disregarded £10 only. There was an ongoing campaign to get all Council to disregard it in full using their discretionary powers - and nearly all do. Have you looked on your local council website to see what it says?

This is an example:

http://www.easthants.gov.uk/ehdc/benefitsweb.nsf/webpages/War+Pension

and this:-

http://www.winchester.gov.uk/benefits/housing-benefits/war-pensions/

Housing_Benefit_Officer

This thread on ARRSE might be of interest. It could be that your local council have treated your pension as just an army pension.

http://www.arrse.co.uk/community/threads/pensions-and-state-benefits.185325/

Bollotom

Aside from HBO's excellent advice, have you also been in touch with British Legion and SSAFA? Seems despicable that they're taking your War Pension as income but as said, perhaps the assessor(s) has been applying it as occupational pension. If no joy, local paper and radio jobby I think. Best of luck. :cool:

Housing_Benefit_Officer

How long ago did you make the claim?

If they treated your pension incorrectly perhaps make a late request for a reconsideration of their decision? If you make a claim request backdating citing the incorrect treatment of your pension by the local authority staff. I doubt they will go back to your earlier claim as you might be out of time but might be a good cause for any future claim to be backdated.

I would phone and speak to the benefits department today.

If they admit an error has been make you need to make a new claim straight away and request backdating as misadvice and incorrect processing of your earlier claim prevented you from claiming earlier.

Separately you would need to make a separate appeal regarding your earlier claim - although you may be out of time for the local council to correct any potential error - but worth a try - make a fuss. Ask them to remedy their earlier administrative error.