PIP, DLA and AA
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Industrial Injuries Benefit

skullcapskullcap Posts: 172 Member
edited February 2020 in PIP, DLA and AA
Not sure if this is the place to ask my question but I hope to find someone that would have some 'inside' information about the above little known benefit.

I have been receiving it since the late 90's with the first 3 years at 80% rate then following a review in 2001 it was changed to 40%. The lady that assessed me said that she was having no hesitation in advising the DWP that it should be for life as I would not be able to work again. 
At the same time as making the original claim for the work place accident I received compensation from my ex employers insurance company. The large pay out was based on not being able to earn a living up until when I would have normally retired at 65 (16 years of lost employment earnings).
Recently I started to think that as the compensation was limited to 65 years of age and the DWP doctor saying that the award was because I would not work again, I contacted the DWP to see if the award should not have ceased when I became 65, 5 years ago.
They said that they had no idea about that and were not entirely sure if the benefit was just meant for the years of lost working ability or for the rest of my life as a State Pensioner.

Does anybody know if I should stop the award now as I don't want to have anymore overpayment than what I already have which I work out as being nearly £18,000  

Replies

  • wilkowilko Member Posts: 2,300 Disability Gamechanger
    Reading your post you stated that the large payout was because you would never work again and was a payment to cover lost working years till pensionable gets 65. You should have written your query to the DWP and the written reply would stand in your favour but if you phoned then they will have a copy of the conversation, accessible under the freedom of information act.. I expect that the benefit was meant or intended to be paid till you reach the age of 65, and due to an clerical error the benefit has continued to be payed.  As you where aware of this you should have notified the DWP of their possible error a lot earlier as soon as you saw it deposited into you account after your 65 birthday and where claiming your state pension. You could now be made to repay the overpayments or at best bits written off as an error on their side .
  • wilkowilko Member Posts: 2,300 Disability Gamechanger
    I just looked on line and the current rate for this benefit is £179 per week minus 60% = £71.60 per week times =£3723 per year times 5  = £18.616. Get some advice referring to being over paid a benefit.
  • skullcapskullcap Posts: 172 Member
    edited February 2020
    Thanks, seems I was a little under in my estimation. It has only just dawned on me over the past couple of weeks and if I had realised much earlier I would have asked the DWP the question at that time.
    I will take up your advice and write them a letter telling them that I failed to report a change of circumstances since 2014 when I started to receive my State Pension and if they could stop the benefit and to let me have a bill for the debt that I owe. As there was no fraud intended on my part, just an honest mistake, I presume that they will not be looking to prosecute me? well here's hoping so. 
  • atlas47atlas47 Member Posts: 118 Pioneering
    Hi @skullcap

    Can I suggest you seek specific one to one advice, from Age UK tel: 0800 678 1602, from one of their Welfare Rights Officer’s. They are experts in such matters.

    It might be of assistance if I provide an outline of the Industrial Injuries Scheme, it is paid as a working age benefit, based on assessed disability due to injury.

    Upon reaching state pension age, it changes to either Reduced Earnings Allowance or Retirement Allowance and both are paid at £18 per week.

    As you where in receipt of Industrial Injuries prior to your State Pension age, it was not your responsibility to notify the DWP, they knew (or ought to have known) that you where on Industrial Injuries, which the DWP should have moved you onto Retirement Allowance.

    That lack of action, by the DWP is classed as “an official error” and prevents the DWP from reclaiming any overpayments.

    You might wish to contact the DWP on tel: 0345 300 0168 and request for a copy of your State Pension Award letter, upon your 65th birthday.  This is a 21 page letter which explains how your pension has been calculated.

    Importantly, it explains what you have to notify the DWP about any change of circumstances.  You should note that no mention is made about Industrial Injuries!

    If that DWP chance their arm, that some how fraud is at play (I have more chance of landing on the sun), they are limited to claiming back overpayments on a weekly basis.

    Hope this helps.

    Keep us informed.

  • skullcapskullcap Posts: 172 Member
    Thanks, that is how I see it. The benefit is only for those of working age hence why my concern.
    I remember looking into the Reduced Earnings Allowance years ago, but that only happened if I was injured over 30 years ago. I don't know about the rest but I do remember being told or reading it in the DWP notes that to get any increase of the benefit I would have to be on the 100% rating.
    So what I hear is that the DWP can't reclaim any debt from me because they should have realised that I should not have been paid it when my State Pension started? Good, that's one last worry.

    I posted the letter to the DWP this morning and with what you have said the only worry I now have is to try to manage without the £71 a week.
  • atlas47atlas47 Member Posts: 118 Pioneering
    Hi @skullcap

    A few further suggestions.

    You need to seek assistance from Age UK, as previously advised.

    Do you get £71.60 per week for Reduced Earnings Allowance?

    If you do, then this is the correct payment and you will continue to get the same amount.

    The DWP would not have paid REA, if you were not entitled.

    Let us know how you get on with Age UK.
  • skullcapskullcap Posts: 172 Member
    atlas47 said:
    Hi @skullcap

    A few further suggestions.

    You need to seek assistance from Age UK, as previously advised.

    Do you get £71.60 per week for Reduced Earnings Allowance?

    If you do, then this is the correct payment and you will continue to get the same amount.

    The DWP would not have paid REA, if you were not entitled.

    Let us know how you get on with Age UK.
    Thanks, yes I do (did) get £71.60 per week but not for Reduced Earnings Allowance, but instead for Industrial Injury Benefit.
    I would only have been able to claim REA if my claim had been earlier than 1990. It wasn't it was 1998.
    Even the REA is defined as a working age benefit which I presume would also cease at State Pension age.
    I have already told the DWP to close the claim down as I don't believe that I have been entitled to it since June 2014 (age 65).
    When I get a reply from the DWP I will pop down to Age Concern and see what they say, maybe getting them to help in telling the DWP that I don't need to repay the debt as the DWP should not have been paying it.
  • mikehughescqmikehughescq Member Posts: 6,009 Disability Gamechanger
    Some confusion here I think. IIDB is a benefit of several parts so in order to answer the question we’d need to know what yours was made up of. IIDB, REA and so on.

    The next issue is that different bits compensate for different losses and yes those correspond to working life but that isn’t the same as saying they stop at pensionable age. If, for example, you received Reduced Earnings Allowance then in specific circumstances that can convert at pensionable age to a confusingly titled thing called Retirement Allowance. Step back for a second and it should be obvious that some elements would always continue if the loss of faculty continues. 

    Then there’s the fact that most elements don’t clash with a state pension at all. The answer you received from DWP is a nice illustration of why call centres and deskilling and outsourcing simply doesn’t work. 

    Even in the unlikely event of there being an overpayment here you’d have an arguable case that it wasn’t recoverable because you sought advice from DWP and they’re advice was rubbish. However, there’s an expectation that you wouldn’t just accept what they say but would actively challenge it until you got a coherent answer.

    So,

    a) you need face to face advice.
    b) you need to dig out your last award letter and check out award length and the breakdown. 
    c) you need to note down the details of the DWP advice - who, when, where, what etc.
  • skullcapskullcap Posts: 172 Member
    Well I have received a written response from the IIDB Unit.
    They cannot ynow?et say whether there is an overpayment and will be writing to me again soon. What they have done is stop the benefit being paid on the basis that it is being incorrectly paid and want me to have another face to face assessment.
    So popped down to AgeUK and all they could say is that I will have to wait for the DWP to get back to me.
    This is really getting ridiculous now. If I was not entitled to the IIDB since I was 65 6 years ago then what is the point of reassessing me? I was on a life award back from my last assessment in 2001.
    It was a simple IIDB award, a payment based on the % of loss. To me it's quite clear, and this was backed up by AgeUK, the award was because of the injury sustained that made working impossible. So common sense should be that as I reached State Pension age 6 years ago and then no longer was required to work I should not have been receiving it. Just the same as JSA and ESA they too are working age benefits that cease at 65.
    Anyhow I don't see the point in going for another reassessment when clearly I am not entitled to the benefit. 
  • mikehughescqmikehughescq Member Posts: 6,009 Disability Gamechanger
    It’s not “common sense” at all. Please read my previous post. Some elements are paid post pensionable age. 
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