Turn2us - to access benefits & grants.

Ask an Expert - Armed Forces and Veterans - November 2011

Benefits for widows

• I’m a widow. My husband served 21 years in the RAF. I haven’t had much help financially apart from my late husband's pension and part of the funeral cost. I have had to live on my savings with no benefit help. I am unable to work due to osteo, I pay full Council Tax too and I am now starting to worry financially. I just wondered if I am missing out on any benefits I could be claiming? (Donna)

  Alison Wyman: As you are unable to work, and assuming you are under pensionable age, you could make a claim for Employment and Support Allowance (ESA). The type you would get would depend on whether you have made sufficient national insurance contributions. If you have, you could be entitled to contribution-based ESA. If you have not paid enough contributions, you may be entitled to income-based ESA if your income does not reach the level that the Government says you need to live on each week. This is currently £67.50 for a single person between 25 and retirement age. However, both types of ESA will be affected if you are in receipt of certain types of pension. Your entitlement to state benefits will therefore depend on the amount of pension that you receive and the type of pension that this is.

  As your husband served for 21 years, I assume that at least part of the payment is a Service Retirement Pension, which is an occupational pension, paid due to the length of service. This will count in full when assessing income- based ESA, so if the pension exceeds £67.50, you will not be entitled to any payment. For contribution-based ESA, the first £85.00 per week of your pension is disregarded, so only payments exceeding this amount will reduce your entitlement. A Service Retirement Pension will also be classed as income when assessing your entitlement to Council Tax Benefit.

  If you are over pension age, you would not be able to claim Employment and Support Allowance. However, you may be able to claim Pension Credit if your income does not reach the level that the Government says that you need to live on. Once you reach pension age, this amount increases to £137.35 per week for a single person. Therefore, if your income is less than this, you will be entitled to Pension Credit to make up the difference. As with income-based ESA, a Service Retirement Pension would be treated as income for the purposes of assessing your Pension Credit entitlement, so if this exceeds £137.35 per week, you will not receive any Pension Credit.

  Entitlement to state benefits is a complex area of law and so it is not possible to confirm whether you are definitely entitled based on the information provided. This would require a lot more detailed information about your circumstances and the pension that you are receiving. You can check your benefit entitlement using  the Turn2Us Benefit Calculator. However, if this is a Service Retirement Pension and it is relatively high, it is unlikely that you will be eligible for any state benefits, unless you have made sufficient national insurance contributions.

  Additionally, as you suffer from osteoporosis, you may be entitled to claim Disability Living Allowance. This is not affected by your income and will not affect your entitlement to any other benefits. Further, it will increase your minimum income level, so may entitle you to other benefits. If you would like further advice about claiming Disability Living Allowance, you can contact The Royal British Legion’s Benefit and Money Advice Service on 0203 207 2153 or by e-mailing bma@britishlegion.org.uk. We would also be able to carry out a full benefits check, if you were able to provide further details about your circumstances.

  Karen Holmes:As well as benefits, don't forget that you may be eligible for a grant from a charitable fund. Every fund has a different purpose and eligibility criteria so the Turn2us Grant Search database helps you search over 3,000 charitable funds by matching your details (personal background, location, specific help required) with the funds' criteria. Remember that occupations your husband held may also qualify you for help from a charity, such as the Royal Air Force Benevolent Fund.

  Back to top

What help do military charities provide?

• My dad was not a ‘career soldier’ but served in the second world war, could he be entitled to help from military charities? What kind of help do military charities provide? (June)

  Alison Wyman: There are a number of military charities that provide assistance, each with their own set of eligibility requirements. For example, The Royal British Legion provides assistance to serving and ex-Service personnel as well as their dependants and carers, and eligibility is based on whether the qualifying person has been in the armed forces and has received at least 7 days pay - regardless of whether they were a career soldier, served in the Second World War or did national service. There are other forces charities depending on which arm of the forces an individual served in, such as the Royal Air Force Benevolent Fund (for those with a connection to the RAF); The Soldiers Charity (formally known as Army Benevolent Fund); Royal Naval Benevolent Trust etc. There are also regimental associations that serve as charities, each with their own criteria. There are also other charities that look at specific conditions, such as Combat Stress that provide assistance to those who served in the Armed Forces and who have a mental health condition.

  When considering applications, charities consider the associated ‘need’ within the case. Such considerations would therefore be around either a welfare need and/or a financial need. An example may be a requirement to have a cooker because the present one is worn out and does not provide the facility to cook food. A further consideration would then be whether the person can pay for this item themselves.

  Additionally, some charities provide financial assistance with on-going maintenance (weekly/monthly/quarterly support payments).Turn2Us offer a very useful Grants Search on their website which contains a database of over 3,000 charitable funds offering welfare and educational grants. This will provide details of charitable funds which may meet your father’s needs based on his occupation and other details.

  Back to top

Support for student son of an ex-serviceman

• My husband was a serving soldier for 22 yrs and now works as a civil servant based in Germany. Our youngest son, now 19, returned to the UK to undertake a college course. He had accommodation and applied for housing benefits but was declined as he is supported by me. When it comes to financial support he is classified as my dependant and apparently not eligible for any benefits. He failed to get employment around his college hours, so is struggling to cope with the lack of finances, outstanding bills and lack of support. Are there any benefits or support he might be eligible for? (Diane)

  Alison Wyman: In order to claim Housing Benefit (HB England, Scotland, Wales) (HB Northern Ireland) as a student you must be in receipt of another qualifying benefit – Income Support, Jobseeker's Allowance, Employment and Support Allowance or Disability Living Allowance – or working part-time. Whether you can claim any of these benefits depends on what type of education you are engaged in or your degree of disability, as well as whether your income falls below certain levels.

  Students are classified as being in relevant education, full-time education, or part-time education:

  Relevant education

  A student is classed as being in relevant education if they are under 20, studying full-time for a non-advanced qualification (at lower than degree level) or in approved training, which they were accepted on, enrolled on or started on before they were 19. A student classed as being in relevant education qualifies for Housing Benefit.

  Full-time education

  A student is classed as being in full-time education if they are undertaking a full-time course of ‘advanced education’ (degree level or above). Whether the course is counted as ‘full-time’ depends on the college or university.

  A student in full-time education can claim Income Support or Jobseeker's Allowance only in certain circumstances, which are not relevant in this case. A student in full-time education can only claim Employment and Support Allowance if they are receiving Disability Living Allowance.

  Part-time education

  Students who are not in relevant or full-time education are classed as ‘part-time’ students. Part-time students can claim Income Support (which is not applicable in this case), Jobseeker's Allowance (if they are available for work, actively seeking work and they have a valid job-seekers agreement), or Employment and Support Allowance.

  Disability Living Allowance - This benefit is available to people suffering from an illness or disability who have care and/or mobility needs. Students who claim Disability Living Allowance are entitled to Housing Benefit.

  It goes without saying that entitlement to state benefits is a very complex area which requires detailed information about a person’s circumstances and income levels, and I would advise that you could contact The Royal British Legion’s Benefit and Money Advice Service on 0203 207 2153 or by e-mailing bma@britishlegion.org.uk.

  Karen Holmes: Although the Turn2us Benefit Checker doesn't calculate benefit entitlement for students due to the complex rules, you may want to look at our information sheet about benefits and students for further details.

Back to top

Further Information and useful links

• Benefits for Armed Forces personnel, veterans and their families
• Benefits for students
• Ministry of Defence (link opens in a new window)
• Royal British Legion (link opens in a new window)
• Service Personnel and Veterans Agency (SPVA) (link opens in a new window)
• The Soldiers, Sailors, Airmen and Families Association (SSAFA) (link opens in a new window)
• Poppyscotland (link opens in a new window)

Back to top

Disclaimer:

The opinions expressed are those of the expert only. The answers and associated material are for general information only and do not constitute financial, legal or other form of advice. You should not rely on this information as an alternative to financial, legal or professional advice from a qualified professional for your own particular situation. The answers are given in response to specific questions submitted by other users. You should not rely on this information alone to make (or refrain from making) any decisions.

Whilst effort has been taken to ensure the accuracy of the information, Turn2us does not accept any liability for this information. It is the responsibility of users to check the accuracy of relevant facts and opinions given as part of any answer before entering into any commitment based upon the information given.

Back to top

Date of publication: 18 November 2011