Support group ESA and Occupational pension

Hi,
My sister was awarded support group ESA ( contributary) and she and her husband were on 308.60 a fortnight. He is her carer. This week they were told her money was going down to 216.30 ( single person esa) because he has an occupational pension. They said her entitlement would be zero only for the fact she was in support group.

She has never worked because of illness, what happens in 12mths time or next time she is assessed?Will she still be able to get paid if she is still in support group? Also can they really give her zero just because her hubbie has a pension?

Can she still get Severe disability allowence and any premiums? She had them before...
Thanks in advance

Hi Kaz,

I am a little confused! If your sister is on contributory ESA (which I would expect if she was migrated from IB or IS) then I thought it would only be reduced if she herself had an occupational pension (which is obviously not possible if she has never worked). In addition to this, the first £85 per week of the pension is disregarded and the ESA reduced by 50p for every £1 pension above this. It would have to be quite a generous pension to totally wipe out the ESA. Time in the WRAG would be limited to 365 days, but not Support Group.

If this claim was made within the past year or two, and not migrated from IB, then it would be income related ESA and all household income would be counted, in which case the husband's pension would be counted £ for £.

Premiums are only payable if there is any entitlement to income-related ESA (in entirety or top-up) so I would expect the pension to count against this.

Reassessment, whenever it might happen, will not change entitlement - until/unless allocated to the WRAG and the time limit reached.

Thanks for the reply
Her husband's pension is £260 a week , so quite a lot really. They have classed it as additional income.

Her claim is an old one, she was migrated over from income support.

Kaz

Thanks Gordon for your help and Mrs hurtyback, much appreciated