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New Style ESA and Carer’s Allowance

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4 years 8 months ago #250494 by Gary
Replied by Gary on topic New Style ESA and Carer’s Allowance
Hi HD

Whether it will affect your ESA will depend on the type of ESA you receive, how you take the pension and how much it is?

If you are only receiving Contribution Based ESA then a lump sum will not affect your ESA but a regular payment will. If the pension is more then £85/week then there will be a £1/week deduction for every £2 in excess of the £85.

If you are receiving any Income Related ESA, either in part or in whole, then it will affect your ESA.

First, there is an assets and savings rule if you take a lump sum, see

Asset and savings rule for ESA(IR)

Secondly, any regular payments will be deducted £ for £ from any ESA(IR) that you receive.

If the ESA(IR) is fully eroded then you will lose access to passported benefits such as free prescriptions and dental care.

If you have any further questions then please come back to the forum.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: HarryD

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4 years 8 months ago #250540 by HarryD
Replied by HarryD on topic New Style ESA and Carer’s Allowance
Thank you. I have been googling about the small pension my spouse left me. Would this be called a survivors benefit?
I found this on google

Pension payments
Payments may be payable to the claimant under
1. a personal pension scheme or
2. an occupational pension scheme or
3. a public service pension scheme and
because a person who was a member of the scheme has died.
Any payments in V1127 are known as survivors' benefits and should be disregarded
1 in full .

Example
Guy's wife Jane is a member of an occupational pension scheme. Following Jane’s death a reduced pension payment is paid by the scheme to Guy. This pension is not taken into account when working out the amount of ESA payable to Guy.

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4 years 8 months ago #250541 by Gary
Replied by Gary on topic New Style ESA and Carer’s Allowance
Hi HD

Survivors benefits is not a term I have come across, I have checked CPAG hand book and Disability Rights hand book, there is no mention in either book.

I did google the term and came across the following link www.ssa.gov/pubs/EN-05-10084.pdf. The term comes from America which states 'Social Security survivors benefits are paid to widows, widowers, and dependents of eligible workers'.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 8 months ago #250549 by Gordon
Replied by Gordon on topic New Style ESA and Carer’s Allowance
HD

It would have been helpful if you had posted a link to the document or at least identified it but I have eventually found it.

assets.publishing.service.gov.uk/governm...ile/890802/admv1.pdf

The Guide does suggest that the pension should be disregarded but as always with these things you need a Decision Maker to confirm it.

Gordon

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4 years 8 months ago #250563 by Gary
Replied by Gary on topic New Style ESA and Carer’s Allowance
Thanks Gordon

Pension payments
V1127 Payments may be payable to the claimant under:

1. a personal pension scheme or
2. an occupational pension scheme or
3. a public service pension scheme and because a person who was a member of the scheme has died.

V1128 Any payments in V1127 are known as survivors' benefits and should be disregarded in full.

Example
Guy's wife Jane is a member of an occupational pension scheme. Following Jane’s death a reduced pension payment is paid by the scheme to Guy. This pension is not taken into account when working out the amount of ESA payable to Guy.

ESA Regs 13, reg 68(a)

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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4 years 8 months ago #250601 by HarryD
Replied by HarryD on topic New Style ESA and Carer’s Allowance
Thank you for your help. Yes that was the article I read. Sorry for not posting the link.

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