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ESA and occupational pension

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7 years 1 month ago #181515 by Tina R
ESA and occupational pension was created by Tina R
Hi can anyone help me regarding my husbands ESA and occupational pension. He was orignally on contributions based support group. It appears that changed him to income related so that he would get the enhanced disability premium of £15.75 per week.

He has now taken his occupational pension, which is less than £85 per week. If he was on contributions based ESA he would not lose any of this. Can he swap back to contributions based, lose the £15.75 per week and keep his pension intact?

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7 years 1 month ago #181530 by Gordon
Replied by Gordon on topic ESA and occupational pension

Tina R wrote: Hi can anyone help me regarding my husbands ESA and occupational pension. He was orignally on contributions based support group. It appears that changed him to income related so that he would get the enhanced disability premium of £15.75 per week.

He has now taken his occupational pension, which is less than £85 per week. If he was on contributions based ESA he would not lose any of this. Can he swap back to contributions based, lose the £15.75 per week and keep his pension intact?


Contribution Based ESA is always paid if the claimant is eligible so I would expect your husband to be receiving ESA(CB) with an ESA(IR) top-up. They will deduct the pension from the ESA(IR) first, £ for £ and the apply the ESA(CB) rules for pensions, so based on the information you have supplied he would lose the EHP but retain his ESA(CB).

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Tina R

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7 years 1 month ago #181657 by Tina R
Replied by Tina R on topic ESA and occupational pension
So does that mean that if we have a joint claim in place and I take my occupational pension, I will lose that too?

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7 years 1 month ago #181693 by Gordon
Replied by Gordon on topic ESA and occupational pension

Tina R wrote: So does that mean that if we have a joint claim in place and I take my occupational pension, I will lose that too?


No, as I said before I would expect you to lose the EDP, but from your post the pension will then be under the £85/week disregard for ESA(CB) so there will be no further deductions.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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