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Income Based ESA Support Group and Work Pension

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3 months 1 week ago #294150 by Jon
Hi,

I am currently receiving Income-based ESA, and I am in the Support Group. In addition, because I am getting the Enhanced Rates for PIP (Mobility and Daily Living), I also receive the Severe Disability Premium added to my ESA. The total payment I receive is £240.55 a week.

In addition, because I am on Low Income, I also get Housing Benefit and Council Tax Benefit, which means I don't have to contribute to either rent or council tax. N.B. I am in a London Council rented flat.

When I reach 60 next year, I can claim my two works pensions which is approx. £288 a week, plus a lump sum of around £30k.

I understand that, even if I choose not to take my work pensions at 60, but defer them for say 3 years, the DWP classes it as 'Notional Income'. Meaning, although I am not claiming the work pensions, it is still income available to me, and I should inform the DWP.

I think I will be much worse off if I claim my work pensions at 60 as I will lose some or all of my ESA, and my Housing Benefit and Council Tax Benefit will stop. My income from my work pensions will be much lower than what I receive with ESA and being on Low Income. Therefore, I may not have enough money to live on.

My questions are:

1. If I don't inform the DWP, when I am 60, that my pensions are available to me, is there any way they will know or can find out (N.B. my pensions are both Civil Service Pensions)?

2. If they cannot check that my pensions are available to me and I continue to claim ESA, do I simply inform the DWP, say in 3 years, that I no longer require ESA (as I will then be claiming my work pensions)?

3. How do I work out what ESA, if any, I will continue to receive if I decide to claim my work pensions and lump sum at 60?

4. As some people cannot claim work pensions until 65 (or later), if they receive the same Benefits as me, I assume they would not have to inform the DWP, but continue to claim ESA until 65. Does this seem fare? I did not expect to be in my disabled situation when I was working so it seems unfair I should be 'penalised' if I don't claim my pension (especially as I will be much worse off).

Any help will be much appreciated.

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3 months 1 week ago #294182 by Gary
Hi Jon

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

As you are in receipt of IR ESA any income you receive is deducted £ for £.

I cannot answer your question about your pension as it will depend on the terms and conditions, we would advise you to seek help from your local Advice agency. advicelocal.uk

Gary

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

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