We ignore war pensions in full when calculating entitlement to HB/CTB.

However I have a client under 60 - who recieves two amounts - under two different names - a War disablement pension of £67.40 pw, payable apparently by an office at Norcross, and an "Employers pension" of £56.75 pw, payable by the Paymaster in Crawley. The paperwork shows that he does not have to pay income tax on either.

Our benefits section have ignored the war disablement pension, but not the employers pension - as the only reason he gets the so called employers pension is that he was invalided out of the services my thought is that it's all part of the same package of War disabled Pension.

I can't find much help or guidance on this in the usual places like the regs - anyone had experience of this problem - I seem to remember something about it hinged on whether the pension was taxable or not.

There are several differently adminstered war disblement and widow(er)s pensions. To get full details of the legal provisons you would need to look in the Green Volumes on the DWP site.

The definitons of war pension is to be found in S25 of the 1989 Social Security Act. I have reproduced it here:

“war pension” means–
(a) any pension or other benefit, payable otherwise than under an enactment, for or in respect of a person who has died or been disabled in consequence of service as a member of the armed
forces of the Crown,
(b) any pension or benefit awarded under–
(i) the Personal Injuries (Emergency Provisions) Act 1939,
(ii) the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, or
(iii) the Polish Resettlement Act 1947,
(c) any pension or other payment which constitutes such an obligation as is mentioned in section 4(1) of the Statute Law Revision Act 1958 (seamen and fishermen killed or injured in the 1914– 1918 war),
(d) any other pension or benefit which is specified in an order made by the Secretary of State for the purposes of this section, but does not include any pension or benefit administered by the Defence Council, the Minister of the Crown with responsibility for defence or the Commissioners for the Royal Hospital for Soldiers at Chelsea.

I think there ought to be somehting in the paperwork relating to the "employers pension" that should reveal whther or not it is a war pesnion

I would have thought they would have been paid from the same ofice if both part of WDP. Could the other one be a service pension (payable based on length of time spent in the armed forces)? The link with the invalidity might just be that it became payable earlier than normal because he could no longer do his job (a bit like getting your works pension paid up early on health grounds).

If so, I think it would be treated under the regs like any other works pension. I think service pensions become payable before the age of 60 anyway as long as you have put the years in. Not sure if this is the case and the £56.75 does sound like a bit of a round figure but it might be worth checking this out.