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ESA and Occupational Pension
- gnny22
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5 years 1 week ago #237589 by gnny22
ESA and Occupational Pension was created by gnny22
I was pensioned off in 1992 and received an Occupational Pension along with Incapacity Benefit. I was then migrated over to ESA around 2007. I just received a letter from the DWP saying that my Occupational Pension should be taken into account In assessing me for ESA. They have moved me from receiving income based ESA of £194 a week income based to £111.63 contribution based. Is this correct as I have seen posts that say if I received and Occupational Pension before 2001 and was claiming Incapacity Benefit and my Pension wasn’t taken into account the same should apply for me now on ESA?
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- Gordon
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5 years 1 week ago #237591 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and Occupational Pension
gnny22
Record keeping by the DWP for IB was truly appalling so we regularly receive this query.
The key requirement is that your pension was disregarded by the DWP while you were receiving IB, this is not the same as it not being deducted from your IB. Can you show that the DWP were aware of your pension when you were receiving IB? It's not a deal-breaker if you can't but it will be more difficult to sort out.
The relevant information to refer the DWP to are;
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
Record keeping by the DWP for IB was truly appalling so we regularly receive this query.
The key requirement is that your pension was disregarded by the DWP while you were receiving IB, this is not the same as it not being deducted from your IB. Can you show that the DWP were aware of your pension when you were receiving IB? It's not a deal-breaker if you can't but it will be more difficult to sort out.
The relevant information to refer the DWP to are;
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
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- gnny22
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5 years 1 week ago #237627 by gnny22
Replied by gnny22 on topic ESA and Occupational Pension
Thank you for replying Gordon. I will read through the relevant information you have sent me. All I have are P60’s and payslips. The P60’s do seem to show that my National Insurance payments were no longer being deducted from Leicestershire Social Services when I retired in 1992. I do have a full National Insurance record because of course NI was then paid via my benefit. I cannot find any letter etc clearly stating that my Pension was not taken into account but I’m sure when I originally claimed Invalidity Benefit I would have declared my Pension. I have been to the CAB and they have helped me compile a letter asking for a Mandatory Reconsideration..
They are basing my argument on
1) receiving IB alongside my Leicestershire County Council Pension was ignored.
2)That my old payslips show that I paid a Contribution to my Pension.
3) Even if my Pension Income is not ignored CAB advice has told me that if I receive a weekly Pension of £126.00 the first £85 should be ignored and only 50% of the rest should be taken into account. So in my case £20 a week should be deducted not £86.00.
I don’t know if these arguments will help because as you say it’s complicated without clear documentation which I will try to find!
The Tax Office have said that they don’t know why the issue has been raised now. Around 7 years ago there was an issue with regard to my tax as they said I should have been paying more. They eventually told me that my Pension Income was disregarded because of the date I was pensioned off.
Sorry for the ramble, I will do my best to sort this out. I just pray they don’t chase me for so called over payments.
Many thanks for your input.
Ginny
They are basing my argument on
1) receiving IB alongside my Leicestershire County Council Pension was ignored.
2)That my old payslips show that I paid a Contribution to my Pension.
3) Even if my Pension Income is not ignored CAB advice has told me that if I receive a weekly Pension of £126.00 the first £85 should be ignored and only 50% of the rest should be taken into account. So in my case £20 a week should be deducted not £86.00.
I don’t know if these arguments will help because as you say it’s complicated without clear documentation which I will try to find!
The Tax Office have said that they don’t know why the issue has been raised now. Around 7 years ago there was an issue with regard to my tax as they said I should have been paying more. They eventually told me that my Pension Income was disregarded because of the date I was pensioned off.
Sorry for the ramble, I will do my best to sort this out. I just pray they don’t chase me for so called over payments.
Many thanks for your input.
Ginny
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- Gordon
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5 years 1 week ago #237630 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and Occupational Pension
gnny22
I have some problems with the CAB letter I'm afraid. Using your reference numbers;
1. ignored is not the correct term, you need to use "disregarded" as this is the requirement for ESA.
3. This is incorrect!
You say that you were receiving Income Related ESA, your pension would have been deducted £ for £ from any ESA(IR) until it was eroded, then the remaining pension amount would then have been applied to your Contribution Based ESA and the £85/week disregard applied, so as an example;
If you were receiving £100 ESA(CB) with a £10 ESA(IR) top-up totalling £110 and your pension is also £110, then the deductions would be £17.50 comprising of £10 for the ESA(IR) and £7.50 for the ESA(CB) (£110 - £10 = £100 - £85 = £15 / 2 = £7.50).
This is nothing to do with your Tax only your ESA.
I have some problems with the CAB letter I'm afraid. Using your reference numbers;
1. ignored is not the correct term, you need to use "disregarded" as this is the requirement for ESA.
3. This is incorrect!
You say that you were receiving Income Related ESA, your pension would have been deducted £ for £ from any ESA(IR) until it was eroded, then the remaining pension amount would then have been applied to your Contribution Based ESA and the £85/week disregard applied, so as an example;
If you were receiving £100 ESA(CB) with a £10 ESA(IR) top-up totalling £110 and your pension is also £110, then the deductions would be £17.50 comprising of £10 for the ESA(IR) and £7.50 for the ESA(CB) (£110 - £10 = £100 - £85 = £15 / 2 = £7.50).
This is nothing to do with your Tax only your ESA.
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