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ContributoryESA occupational pensions.

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7 years 1 week ago #184223 by Gordon
Replied by Gordon on topic ContributoryESA occupational pensions.

jay431 wrote: 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?


From what you have posted you would meet 2.3 of the above.

Gordon

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7 years 1 week ago #184258 by petrocelli
Replied by petrocelli on topic ContributoryESA occupational pensions.
:woohoo:

Hi all, mind if I just join in here? Am feeling sick to the pit of my tum and stressing now :sick: !

My Benefits route has been Invalidity Benefit to Incapacity Benefit, to ESA (cont). This route commenced circa 1988/89.

In 2010 I took a tiny OP of £275.00 PER ANNUM. My comprehension at that time was that it was disregarded.

I think that it was in 2011 I received a letter from DWP letting me know of impending change to ESA. In 2012, after going to appeal, I was awarded ESA (cont). I've never had Income Support and neither IR ESA.

Later this year, I'll be able to take another OP which will be worth £2001.00 PER ANNUM.

Previously my health took a bashing fretting about the first OP and that well known national advice bureau informed me that I was okay. (I think it was because it was so small and also
if I'm thinking straight just now, transitional rules applied from IB to ESA (Cont).

I have two fears that are beginning to have an adverse affect on my health.

I didn't notify anyone of the 2010 OP and to the best of my knowledge, I'd done nothing wrong in doing so. Certainly the national bureau didn't tell me to write to them, quite the opposite, they did their best to try and calm me down and reassure me that all was okay.

Providing the above is verified by you my next fear is that later this year, when do I tell them that I'm getting OP No.2? Before I receive it, after the first payment?

Even with OP1&2, the total will be less than £50per week, which will be within the £85 spoken of by the bureau.

I have not intentionally tried to hide anything and I don't want it to appear that way..............................sometimes ignorance is bliss, eh!

I hadn't yet joined B&W in 2010.

Any hope of anyone throwing some pacification my way!!!!!!!!!!!???????????????

Kind regards

P

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7 years 6 days ago #184291 by Gordon
Replied by Gordon on topic ContributoryESA occupational pensions.
petrocelli

The first question is did you notify the DWP of the first pension when you were still receiving Incapacity Benefit. Even if you thought is was disregarded, this does not remove the requirement on the claimant to tell the DWP about it.

If you haven't notified them then you need to, they will almost certainly become aware of the payments and if they investigate it they may suspend your payments until the matter is resolved, although I have to warn you that this is still a possibility if you do.

As to the second pension, you should receive details of the payments before they start, this would be the time to tell the DWP.

Gordon

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7 years 5 days ago #184301 by David
Replied by David on topic ContributoryESA occupational pensions.
Hi
similar situation, took small pension 2 years ago. In ignorance didn't think anything of it, didn't inform DWP. Joined this excellent forum last year and learnt a lot. Bit the bullet and informed DWP becauseit is under the ESA(CB) limit no further action. Best to Bite the bullet now as it is better to tell them tham for them to find out and invetigate

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7 years 4 days ago #184443 by petrocelli
Replied by petrocelli on topic ContributoryESA occupational pensions.
:woohoo:

:sick:

Hi all

Thank you Gordon and Dave.

So despite sleeping tablets I've been up since 4am, back tracking and questioning myself,
so please bear with me on this one.

Invalidity Benefit to Incapacity Benefit to Contribution based ESA - all three were
NON MEANS TESTED for savings and income and IB had the same £85.00 limit of income/
occupational pension PRIOR to it AFFECTING your benefit amount/income/occupational pension.

There were also TRANSITIONAL RULES PROTECTING CLAIMANTS AS THEY SUCCESSFULLY MIGRATED,in effect
no changes took place as far as maintaining non means tested status, as above.

I need to make sure that I have it correct in my own mind, patience please.

Unlike my prior mentioned benefits trail, contribution based ESA became taxable. In
order for your contribution based ESA to be taxed, you would first have to have total
income that was greater than the HMRC Personal Allowance, which is shortly to become, i think,
£11,500. Given that my total income is.,
ESA £5683.60per annum plus tiny OP of £328.90. Total income of £6012.50 excludes me
from paying tax.

Bear with me still, this is written in the nicest possible tone and in NO WAY alters my
faith in B&W and it's wonderful Mods.

I wonder if even those that previously advised me, might have interpreted the following
in the same way that I fear many of us have:

"Unlike means-tested benefits, there is no income and savings test for
contributory ESA. However, your ESA is reduced by half the amount of any pension
or permanent health insurance payment received in excess of £85.00".

So, am I right in thinking now that, although the amount in tiny OP1 is within the maximum
I can receive without it affecting my cont ESA, the onus of error upon me is that
it was not put in writing to DWP. I haven't actually made any sort of financial gain from
the DWP by not writing either.

So now I need to let them have copies of choices sent to me recently for small OP2, all
within the £85.00, and somehow find the right words to let them know that everything
I've done has been in good faith.

With regard to savings and inheritence I note your comments on #184336 Gordon and like
#184336, same applies, I have kept receipts and Executors letters. Do I need to do
anything else in that department?

Dave did you phone them first or just write. Did it take long to be put out of your misery?

If only these people could appreciate that peace of mind is priceless.

As soon as I can drag myself off the floor and stop doubting every thing I now do and will bite that
bullit.

Heartfelt thank for your time and patience.

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7 years 4 days ago #184464 by Gordon
Replied by Gordon on topic ContributoryESA occupational pensions.
petrocelli

The issues of tax and the DWP being aware of your pension are separate, you need to notify HMRC about your pensions in regard to the former.

From what you have written the pensions, even when added to together, would not affect your ESA(CB), but that is a Decision for the DWP to make.

I would write to them rather than phoning that way there is a paper trail should it be needed.

Gordon

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