"Ex gratia payments for former prisoners of the Japanese in WW2"
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Welfare Rights Officer, Welfare Rights Service, Leicester City Council Member since 03rd May 2007
Ex gratia payments for former prisoners of the Japanese in WW2 Fri 30-Apr-10 01:50 PM
Someone who had been paid a £10,000 ex gratia payment from the Secretary of State died and all their capital passed to their widow. The widow subsequently made a claim for Pension Credit. Should the £10,000 that had been the ex gratia payment be ignored? Or would it only be ignored if it was the original recipient who had received it?
My view is probably not, but the wording in CPAG that relates to Sch 12 para 5 SPC regs descibes ex gratia payments made because the Japanese imprisoned or interned you, your partner or a deceased spouse/civil partner during World War, and this has put some doubt into my mind.
Has anybody encountered a similar situation? and how was the capital treated?
finance manager, welfare benefits group, social se, leeds city council Member since 22nd Jan 2004
RE: Ex gratia payments for former prisoners of the Japanese in WW2 Fri 30-Apr-10 03:26 PM
I know you mean sched 5 para 12. Going back to the CPAG comment. They go on to state that "Arguably the £10,000 disregard can be set against other capital if the payment itself has been sent." Afraid no practical experience of such a case.