Terms & Conditions

[arenton]

Hello all,

I wonder if anyone can help me?

I have a case where the claimant is ENTITLED to £84.00 pw in state pension.

She also gets War Widows pension, and the E-Sef system says she is only PAID £53.00 pw in State Pension because of the state pension overlapping the War Widows.

How much State Pension should i use in her claim – the £84 or the £53??
And can you point me to the regulation that controls this?

Many thanks

[Anonymous]

How much is she getting – I would use the £53. The rest is an underlying entitlement, in the same way as some people are “entitled” to Carer’s Allowance, but get another benefit paid to them at a higher rate.
These people are still entitled because of their underlying entitlement to the Carers Premium, but we don’t put Carers Allowance in, as it isn’t actually paid.

[Anonymous]

Doesn’t seem right though because if, as in our Authority, war pensions are disregarded it effectively means that some of the retirement pension is disregarded. I suppose this happens all the time though

[Anonymous]

It does not mean that the SRP is disregarded because the person is not paid the SRP and so does not have the benefit of it.

If you took the full pension entitlement into account she would be penalised twice, once by the overlapping benefit rules and once by taking notional income into account that she simply does not receive

[arenton]

Thanks for all your replies.

Cheers

[Author]

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