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ESA support group witdrawn
- JenJJ
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Izzy1010 wrote: The same thing happened to me. I sent a letter giving details of occupational Ill Health pension back in 1997 when i started to receive it. In 2012 i was contacted by the DWP to be told that I had been overpaid because of the occupational pension in the sum of £6,900. I appealed as I had sent the letter and still had it on an old computer which I no longer use. I set the computer back up. retrieved a copy with the date that it was created from my computer system but they still wouldnt accept it. They are taking the repayment back from my esa at the rate of approx £170.00 a month
Does this mean that you were on Incapacity Benefit back in 1997?
When Incapacity Benefit became means tested (deducted for those receiving pension income) anyone receiving it prior to 6 April 2001 was protected and therefore not subject to means testing. (After that, claimants were asked for and had to declare other income.)
Anyone under this protection who moves onto ESA into the support group maintains that protection, I think it is until 2020.
The DWP are not very familiar with this rule and someone posted here the other day that they had to get their MP involved, see this thread
www.benefitsandwork.co.uk/forum?view=top...=10&id=104447#136135
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- slugsta
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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- JenJJ
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Mrs Hurtyback wrote: Thanks for that advice Milhouse. I have just approved a post from Izzy that corrects the starting date of the ESA to 2007.
Ah, ok. In that case what I said does not apply as IB was means tested in 2007.
So please ignore my previous post, Izzy as it is not relevant to you. I do find it worrying that you declared income in 2007, they failed to take note of it and now are claiming back the money off you....but then I do find a lot of what DWP do to be of concern, unfortunately.
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- slugsta
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- Spaceman
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- Gordon
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If you qualify for the disregard of your pension then it would only be in relation to any ESA(CB) that was in payment, the rules for ESA(IR) are different and there is no disregard.
Gordon
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