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ContributoryESA occupational pensions.

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7 years 1 week ago #184155 by jay431
I know most folks with occupational pensions have ContributoryESA reduced, but my claim predates 2001 so this rule did not apply to me. Now DWP are demanding info on my pension amount. Has the rule been applied retrospectively now? If the rules haven't changed am i obliged to tell DWP about my pension even though the information is irrelevant for my esa claim? Ta Jay

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7 years 1 week ago - 7 years 1 week ago #184165 by slugsta
Replied by slugsta on topic ContributoryESA occupational pensions.
Hi jay,

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

There are two issues here -

1) For your pension income to be ignored both your claim and your pension payments must predate the change of legislation. Therefore, if your pension payments have started recently they will not be disregarded.

2) Once DWP have 'requested' information, I'm afraid there is little alternative but to supply it. Otherwise you risk your payments being suspended until such time as DWP have received the information they want.

If you have further questions please reply to this message and we will do our best to help. You will find it easily in future if you bookmark/favourite it on your web browser now :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 1 week ago by slugsta.

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7 years 1 week ago #184192 by lou.q
Replied by lou.q on topic ContributoryESA occupational pensions.
I am in the same situation at yourself. I have never had a reduction in my ESA with regards my pension but I have today received letter asking about the increase of my pension which I have had to inform them previously about. I have just replied to them with increase and put a note in saying has the rule changed as I was pre 2001

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7 years 1 week ago #184206 by jay431
Replied by jay431 on topic ContributoryESA occupational pensions.
Are you sure the date of your pension is important as well as date of ib claim. Ive never been asked for it and im not sure what it was! Can u give a reference to the appropriate regs? Thanks

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7 years 1 week ago #184209 by Gordon
Replied by Gordon on topic ContributoryESA occupational pensions.

jay431 wrote: Are you sure the date of your pension is important as well as date of ib claim. Ive never been asked for it and im not sure what it was! Can u give a reference to the appropriate regs? Thanks


See

See paragraph 45465 of the following.

www.gov.uk/government/uploads/system/upl...e/536674/dmgch45.pdf

There are references to the respective legislation at the bottom.

First you need to have had a continuous claim of IB and then ESA.

Under IB, having a claim before 06/04/01 entitled you to the disregard even if the pension was taken later, however, under ESA the pension is only disregarded if it was disregarded under IB, the rule itself is not carried forward into ESA so a new pension payment does not qualify and the normal ESA rules apply.

Record keeping under IB can at best be described as a disaster so it is quite common for the DWP to be unaware of a disregarded pension when the claimant was under IB.

Gordon

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

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7 years 1 week ago #184215 by jay431
Replied by jay431 on topic ContributoryESA occupational pensions.
Thank you so much for clarifying this.
Just to be absolutely clear because I have been very worried for last few hours!

If my claim for ib started in 1998 (before the rule change on pension income in april 2001 )and my pension started 2002 (after the rule change) it was correctly disregarded for ib and that disregard is still valid for esa(my claim is continuous).

Have i understood it right?

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