Conribution ESA and War Pension lower standard of occupation Allowance

hi all 
I have had a letter form Veterans UK and War Pension Scheme . I have been told that because I am on a support group they will be stoping my Allowance for lower Standard of occupation[ALSO] ,stating the reason I can not be compensated by two public bodys for the samething thing .
The supprt group Iam on is a work related group , and I have been in this group since making my claim for a war pension back in 2011,the DWP have confirmed that this group is compulsory and I have no say in it . Infact the claim for ESA and my War Pension were done at the same time by my Veterans UK case worker I was awarded contribution based ESA , and after a further diagnosis was add to my war pension it was taken to 60%.
Why now after all these years are they stoppoing my ALSO 

Comments

  • JoeCrystal
    JoeCrystal Posts: 3,270 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 25 August 2023 at 8:34AM
    I gathered this was the case since 2009. A quick googling turns up one case just like your. It is because ALSO is classed as Income Replacement benefits as I understand.

    Since the introduction of ESA in 2008 there have been two legislative amendments impacting on the relationship between ALSO and ESA:

    • Amendment of Article 15(2)(iii) (bb) of the Naval, Military and Air Forces (Disablement and Death) Service Pensions Order effective 6 Apr 09 determined that if ESA was in payment ALSO could not be paid.
    • Further amendment of Article 15(2)(iii) (bb) of the Naval, Military and Air Forces (Disablement and Death) Service Pensions Order 9 Apr 18 determined that if an award of ESA included payment of a work-related activity component or support component ALSO could not be paid.

    On the plus side, they are not asking you to repay ALSO back!
  • Thankyou for the the reply I assume from what you have said ,then they have made the error , as my war pension claim , ESA and PIP were made in 2011 . All my allowances , benefits , and war pensions have been disclosed to both agencies during legal actions taken against them , in 2015 , and as recent as 2023 , yet nothing was disputed by either the DWP or War pension scheme . My War pension was applied for after me leaving the Army , and diagnosis made in 2011 . 
  • Further more I assume you have taken into account the different types of pensions I am on a war disablement pension , this was replaced by the AFCS Armed force’s compensation scheme , which I am not eligible for as my incident was in 1992 , AFCS is affected by ESA , so soldiers kept on the original war pension were put on what is annoying nicked named Granddads right , and not affected by the change over in 2002 To AFCS . And as such not affected by any subsequent changes 
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