Hi all,

This is one for the HRA experts out there! I'm only at the initial thinking stages, so feel free to blow it out of the water, lol!!

If someone is getting IB, say through early retirement from work on ill health grounds, and also therefore recieve an occuaptional pension, they face a deduction being made from their IB. Anything over £85 gets a reduction of 50p in the pound. This has recently happened to my Dad, which is why I was pondering on it.

IB is a contribution based benefit, and can therefore be considered as a possession for the purposes of Art 1 of the 1st Protocol. The occupational pension is something that a person contributes to through his own wages or payments. Are the reductions imposed a deprivation of property then? Considering that a person is losing out on IB (a possession) because he has made provision for later life (the pension) I can't see a justification argument.

The only sticking point that I can see is that I remember a decision saying that Art 1 does not guarantee a right to a particular amount of benefit. But then the argument would not be against the amount of IB but the deductions being made.

I'd be interested in any comments or opinions, or even case law if this has been argued before.

Thanks,

Lee