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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Incapacity Benefit and Retirement Pension

derek_S
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Benefit Service coordinator, Guinness Northern Counties HA

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Total Posts: 38

Joined: 16 June 2010

I have an appeal with the Pension Service which is making my brain hurt somewhat (well it makes a change from getting ESA headaches)..... and I’m stumped on something I feel I should know.

My client says she claimed retirement pension when she retired at 60 in 1995. The pension service have come back at a late stage and said she was actually getting incapacity benfit between 1995 and 1999.

Was it possible for a woman to get incapacity benefit in the midlle 1990s when over the then SRA?

P.E.T.E
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Head of Welfare Rights at Barnsley MBC.

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Hope this helps

1997 Disability Rights Handbook - “Long-term Incapacity Benefit normally stops on the day you reach pension age (60 for a woman).  You can only get long-term Incapacity Benefit after pension age if you are entitled to a transitional award because you were previously entitled to Invalidity Benefit and you reached pension age before 13/4/95”

So. it depends on her dob and if she was in IVB before IB.

derek_S
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Benefit Service coordinator, Guinness Northern Counties HA

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Total Posts: 38

Joined: 16 June 2010

Thanks PETE - yes it helps quite a bit.

Knew someone on rightsnet would help!