Incap Benefit/Private Pension

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  • #22127

    Please bare with me – having very long day….

    Claimants incap benefit is being paid at reduced rate due to receiving private pension.

    My colleague seems to think that we would add this negative adjustment back onto his incap benefit as we normally would do with an overpayment being paid back.

    But i disagree and believe we use the lowered amount….

    Regs would be useful….. 😳 😳


    From the Guidance Manual:

    Deductions from social security benefits

    3.572 If a deduction is being made from a social security benefit, take the amount into account at the rate before the deduction is made.

    P3.573 But take the benefit into account at the rate after the adjustment is made, if an adjustment is being made from the social security benefit under

    * the Social Security (Overlapping Benefits) Regulations 1979
    * the Social Security (Hospital In-patients) Regulations 1975 (these refer to downrating of benefits of hospital in-patients)
    * section 30DD or section 30E of the Social Security Contributions and Benefits Act 1992 (deductions in incapacity benefit in respect of pensions and councillor’s allowances)

    “HB Reg 25(3) & (4) CTB Reg 17(3) & (4)”

    I think it’s that last bullet point that you want


    Excellent – thanks for reply.


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