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Occupational pension & esa
- JJ
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5 years 2 months ago #234677 by JJ
Occupational pension & esa was created by JJ
Hi Team.
I have the opportunity to be able to access a small occupational pension either this year or next year. My partner is receiving income related esa. As the claim is for us as a couple I know that my pension income will be taken £ for £ from his esa.
I was wondering if it would be possible for him to convert to contribution based esa so I could keep my pension payments, as he has had a full contribution record from previous employment albeit 19 years ago before he was incapacitated.
If he could then would he still be able to claim housing/council tax benefit ?
Thank you for any advice you can give.
I have the opportunity to be able to access a small occupational pension either this year or next year. My partner is receiving income related esa. As the claim is for us as a couple I know that my pension income will be taken £ for £ from his esa.
I was wondering if it would be possible for him to convert to contribution based esa so I could keep my pension payments, as he has had a full contribution record from previous employment albeit 19 years ago before he was incapacitated.
If he could then would he still be able to claim housing/council tax benefit ?
Thank you for any advice you can give.
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- Gordon
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5 years 2 months ago #234685 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Occupational pension & esa
Joy
Either your partner is already receiving Contribution Based ESA with an income Related ESA top-up or they are not entitled to ESA(CB). Entitlement is determined by their NI Contributions in the two complete Tax Years prior to the year of their claim, so a claim in 2019 would use the Tax Years 2016-17 and 2017-18.
If you take your pension as a regular income then it will be deducted £ for £ from your partners ESA but if you take it as a lump sum then it will be treated as capital and subject to the following
Asset and savings rule for ESA(IR)
It will also potentially affect their Housing Benefit but not their Council Tax.
Gordon
Either your partner is already receiving Contribution Based ESA with an income Related ESA top-up or they are not entitled to ESA(CB). Entitlement is determined by their NI Contributions in the two complete Tax Years prior to the year of their claim, so a claim in 2019 would use the Tax Years 2016-17 and 2017-18.
If you take your pension as a regular income then it will be deducted £ for £ from your partners ESA but if you take it as a lump sum then it will be treated as capital and subject to the following
Asset and savings rule for ESA(IR)
It will also potentially affect their Housing Benefit but not their Council Tax.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- JJ
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5 years 2 months ago #234703 by JJ
Replied by JJ on topic Occupational pension & esa
Thank you Gordon.
So if someone potentially has a contribution based element to their esa along with the income based top up then they would not be able to convert to contribution based only unless they had the proper NI contributions within the last 2 years.
I think I'm confused as I had thought that my partners NI payments were being paid via his benefits.
Thank you.
So if someone potentially has a contribution based element to their esa along with the income based top up then they would not be able to convert to contribution based only unless they had the proper NI contributions within the last 2 years.
I think I'm confused as I had thought that my partners NI payments were being paid via his benefits.
Thank you.
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- Gordon
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5 years 2 months ago #234733 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Occupational pension & esa
Joy
No, if your partner is receiving ESA(CB) with an ESA(IR) top-up then the ESA(CB) will still be payable if all of the ESA(IR) is removed due to your pension.
If your partner is only receiving ESA(IR) then it will be reduced by your pension until it is zero, if your pension is high enough.
Your partner receiving NI Credits with their ESA is a separate matter.
Gordon
No, if your partner is receiving ESA(CB) with an ESA(IR) top-up then the ESA(CB) will still be payable if all of the ESA(IR) is removed due to your pension.
If your partner is only receiving ESA(IR) then it will be reduced by your pension until it is zero, if your pension is high enough.
Your partner receiving NI Credits with their ESA is a separate matter.
Gordon
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