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RP entitlement

 

Phil R
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Hi, I need some help with an SP query.

My client was brain damaged at birth (As a result she was left with cognitive impairment and blindness) in 1939 and has therefore never worked. It appears she was in receipt of Invalidity Benefit until 1994 and Incapacity Benefit from 94-98. Since 98 she has only been in receipt of DLA since 98. (No idea why IB ended).

NI credits are shown for the period pre 1975 up to 1998.

TPS state she is not entitled to a CAT A pension as she has not had at least 1 qualifying year of paid conts from 1975 onward or a total of 50 prior to 1975 (Contributions and Benefits Act 1992, section 3, part 1).

They are refusing to pay PC as she has a PI award from 1989 held under COP that has generated a profit (still arguing this one).

Can anyone point me to any information/guidance on entitlement for people that have never been able to work please.

Thanks

     
Gareth Morgan
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Phil R - 07 December 2017 12:07 PM

...birth ... in 1939 ... never worked….in receipt of ... Incapacity Benefit from 94-98.
NI credits are shown for the period ...  up to 1998.

You need to look at some dates carefully.  She will have reached pensionable age - at some point - in 1999.  She was receiving IBLT at some point in 1998. 

The conditions for receiving a Cat A SRP mean that she must have reached pensionable age and satisfies the contribution conditions. 

Those conditions are :

the payment of sufficient class 1, 2 or 3 contributions in any one year
or - and this is the one where dates become important
being entitled to IBLT at anytime during the year in which pensionable age is attained or immediately before the year in which pensionable age is attained. (Sch 3, para 5(6))

 

 

     
stevemac
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Or if Cat A SRP conditions not met- at least a Cat D non-cont SRP when she turns 80 as below

Category D non-contributory State Pension
This is a non-contributory State Pension for people aged 80 or over. If
you receive a low State Pension, Category D pension can top it up to
£73.30 a week.
To qualify you must live in the UK on your 80th birthday or the date of
your claim if later and have lived in the UK for 10 years or more in any
20-year period after your 60th birthday. In some circumstances, you may
be eligible if you have lived in another EEA country.

     
Phil R
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Gareth Morgan - 07 December 2017 01:24 PM

Those conditions are :

the payment of sufficient class 1, 2 or 3 contributions in any one year
or - and this is the one where dates become important
being entitled to IBLT at anytime during the year in which pensionable age is attained or immediately before the year in which pensionable age is attained. (Sch 3, para 5(6))

Thank you for the replies. Please excuse my ignorance Gareth but do you have a link to the legislation please?

     
Paul_Treloar_AgeUK
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Information and Advice Resources, Age UK

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Phil R - 07 December 2017 02:08 PM
Gareth Morgan - 07 December 2017 01:24 PM

Those conditions are :

the payment of sufficient class 1, 2 or 3 contributions in any one year
or - and this is the one where dates become important
being entitled to IBLT at anytime during the year in which pensionable age is attained or immediately before the year in which pensionable age is attained. (Sch 3, para 5(6))

Thank you for the replies. Please excuse my ignorance Gareth but do you have a link to the legislation please?

It’s the Contributions and Benefits Act 1992 that you quoted above.

Para.5(6) of sch.3 is at page 253.

     
Phil R
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The DWP has now replied and stated that as she did not pay enough class 1 or 2 conts, she wasn’t entitled to IB and was awarded IB credits instead. Is there any other way of getting SP awarded?

     
Gareth Morgan
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Phil R - 07 December 2017 12:07 PM

It appears she was in receipt of Invalidity Benefit until 1994 and Incapacity Benefit from 94-98. Since 98 she has only been in receipt of DLA since 98. (No idea why IB ended).

So what was she being paid?

     
Phil R
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Apparently she wasn’t being paid anything. I should have stated in the beginning that the client has been in the Royal Hospital for Neuro-disability since 1988.

     
Gareth Morgan
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Phil R - 03 April 2018 02:59 PM

the client has been in the Royal Hospital for Neuro-disability since 1988.

How is she getting DLA?

     
Phil R
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I’ve not even broached that yet Gareth although I do now there are quite a lot of patients in that hospital receiving DLA.

     
Rosie W
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I think it’s a charitable foundation not an NHS hospital?

     
MickD
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Most people who had been in hospital for more than 52 weeks on 31/7/96 had their payment of DLA mobility component partially transitionally protected.  Both the higher and the lower rate remained in payment but paid only at the lower rate.