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Top Pension Credit topic #1801

Subject: "Ex gratia payments for former prisoners of the Japanese in WW2" First topic | Last topic
fincm900
                              

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

Hi,

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?

Thanks

Matt Finch
Leicester City Council
Welfare Rights

  

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Replies to this topic
RE: Ex gratia payments for former prisoners of the Japanese in WW2, ros.white, 30th Apr 2010, #1
RE: Ex gratia payments for former prisoners of the Japanese in WW2, shaun, 30th Apr 2010, #2
RE: Ex gratia payments for former prisoners of the Japanese in WW2, roecab3, 07th Jun 2010, #3

ros.white
                              

writer/editor, rightsnet
Member since
16th Nov 2009

RE: Ex gratia payments for former prisoners of the Japanese in WW2
Fri 30-Apr-10 03:14 PM

Fri 30-Apr-10 03:20 PM by ros.white

hi matt

i just looked at para 12 of schedule 5 to SPC regs - says that capital paid to deceased spouse in these circs should be ignored (sub para (c)) so your client should be ok.

here a link to schedule 5 to the SPC regs

cheers ros

  

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shaun
                              

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

Hi Matt

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.

Shaun

  

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roecab3
                              

Franchise Supervisor, Roehampton CAB
Member since
13th Mar 2007

RE: Ex gratia payments for former prisoners of the Japanese in WW2
Mon 07-Jun-10 02:21 PM

If there is no other captial does it matter? The limit for PC is 10,000.00? so would at worst be 1.00 per week tariff income?

  

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Top Pension Credit topic #1801First topic | Last topic