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Occupational Pensions and Contribution Based ESA
- Spengler
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6 years 3 months ago #223509 by Spengler
Replied by Spengler on topic Occupational Pensions and Contribution Based ESA
I'm in reciept of an occupational pension and benefited from the 2001 disregard rule when I migrated to cbESA but how does this situation affect the current ESA3 backdated claims that are now being processed? Doesn't any pension over a certain amount (mine is over £100) preclude a claim to IR-ESA support?
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- Gordon
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6 years 3 months ago #223525 by Gordon
The disregard applies only to your ESA(CB), the pension will be considered in full for any ESA(IR) that you might be entitled to, whether this would prevent the payment of any ESA(IR) would depend on your personal circumstances.
I would put your information into one of the online benefit calculators to see whether you would receive any ESA(IR)
www.gov.uk/benefits-calculators
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Occupational Pensions and Contribution Based ESA
Sprngler wrote: I'm in reciept of an occupational pension and benefited from the 2001 disregard rule when I migrated to cbESA but how does this situation affect the current ESA3 backdated claims that are now being processed? Doesn't any pension over a certain amount (mine is over £100) preclude a claim to IR-ESA support?
The disregard applies only to your ESA(CB), the pension will be considered in full for any ESA(IR) that you might be entitled to, whether this would prevent the payment of any ESA(IR) would depend on your personal circumstances.
I would put your information into one of the online benefit calculators to see whether you would receive any ESA(IR)
www.gov.uk/benefits-calculators
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Spengler
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6 years 3 months ago #223610 by Spengler
Replied by Spengler on topic Occupational Pensions and Contribution Based ESA
Thank you Gordon but you posted the opinion below to another member earlier in the thread and (as I mentioned above) I already exceed the £80 you mentioned, I don't really see the point in applying for a means-tested benefit that would not be forthcoming....Gordon wrote:
Sprngler wrote: I'm in reciept of an occupational pension and benefited from the 2001 disregard rule when I migrated to cbESA but how does this situation affect the current ESA3 backdated claims that are now being processed? Doesn't any pension over a certain amount (mine is over £100) preclude a claim to IR-ESA support?
The disregard applies only to your ESA(CB), the pension will be considered in full for any ESA(IR) that you might be entitled to, whether this would prevent the payment of any ESA(IR) would depend on your personal circumstances.
I would put your information into one of the online benefit calculators to see whether you would receive any ESA(IR)
www.gov.uk/benefits-calculators
Gordon
If your pension is more than about £80 per week then it would wipe out any money you might receive from the Premiums as it will be deducted £ for £ from any ESA(IR
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- Gordon
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6 years 3 months ago #223658 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Occupational Pensions and Contribution Based ESA
Sprngler
ESA(IR) amounts can vary from about £16 to over £200 per week, I was able to work out what the previous poster was likely to be eligible for, I have no idea what your personal circumstances are, which is why I say to use one of the calculators.
Gordon
ESA(IR) amounts can vary from about £16 to over £200 per week, I was able to work out what the previous poster was likely to be eligible for, I have no idea what your personal circumstances are, which is why I say to use one of the calculators.
Gordon
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- jpd55
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5 years 1 month ago #245498 by jpd55
Replied by jpd55 on topic Occupational Pensions and Contribution Based ESA
Please can you tell me if the transitional protection for people who migrated from IB to Contribution Based ESA, and were also in receipt of the highest care component of DLA at time of migration has recently changed? I have received 3 separate letters requesting info on my occupational pension (and my husband's) . Phone call to ESA Dept.of DWP resulted in adviser having no knowledge of occupational pension disregard.
I can't find any reference in the latest legislation, I would like to enclose a copy of the relevant legislation when I reply. Please could you help me find it?
I can't find any reference in the latest legislation, I would like to enclose a copy of the relevant legislation when I reply. Please could you help me find it?
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- Gordon
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5 years 1 month ago #245507 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Occupational Pensions and Contribution Based ESA
jpd
There have been no changes to the ESA pension disregard for IB Claimants who's pension was disregarded.
I'm afraid the DWP's record keeping under IB was truly awful so it is not surprising that they have no details of your pension.
To qualify for the disregard under ESA your pension needs to have been disregarded under Incapacity Benefit, this is not the same as it not being deducted.
The relevant information that the DWP should be looking at is
Incapacity Benefit
The Decision Makers Guide, Chapter 56, Paragraph 56153
www.gov.uk/government/uploads/system/upl...e/474064/dmgch56.pdf
ESA(CB)
The Decision Makers Guide, Chapter 45, Paragraph 45465
www.gov.uk/government/uploads/system/upl...e/658311/dmgch45.pdf
Gordon
There have been no changes to the ESA pension disregard for IB Claimants who's pension was disregarded.
I'm afraid the DWP's record keeping under IB was truly awful so it is not surprising that they have no details of your pension.
To qualify for the disregard under ESA your pension needs to have been disregarded under Incapacity Benefit, this is not the same as it not being deducted.
The relevant information that the DWP should be looking at is
Incapacity Benefit
The Decision Makers Guide, Chapter 56, Paragraph 56153
www.gov.uk/government/uploads/system/upl...e/474064/dmgch56.pdf
ESA(CB)
The Decision Makers Guide, Chapter 45, Paragraph 45465
www.gov.uk/government/uploads/system/upl...e/658311/dmgch45.pdf
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: jpd55
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