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RP entitlement

 

Phil R
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Nestor Financial Group Ltd

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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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Horsham CAB

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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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Nestor Financial Group Ltd

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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.