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treatment of a payment
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2 months 2 weeks ago #299106 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic treatment of a payment
Hi c.lloyd@btintern
As far as Contribution Based ESA and New Style ESA are concerned I have checked the ESA regulations and the relevant extract is here -
Payments treated as not being payments to which section 3 applies
68. The following payments are to be treated as not being payments to which section 3 of the Act applies—
(a)any pension payment made to a claimant as a beneficiary on the death of a member of any pension scheme;
So those payments from the City of London won't reduce the ESA payments. However Local Authorities around the country have their own separate assessments.
Hope this helps
David
As far as Contribution Based ESA and New Style ESA are concerned I have checked the ESA regulations and the relevant extract is here -
Payments treated as not being payments to which section 3 applies
68. The following payments are to be treated as not being payments to which section 3 of the Act applies—
(a)any pension payment made to a claimant as a beneficiary on the death of a member of any pension scheme;
So those payments from the City of London won't reduce the ESA payments. However Local Authorities around the country have their own separate assessments.
Hope this helps
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- c.lloyd@btintern
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2 months 1 week ago #299154 by c.lloyd@btintern
Replied by c.lloyd@btintern on topic treatment of a payment
Thanks for you answer. If I have translated this correctly does that mean my son's money has been taken into account incorrectly when it should have been ignored.? Does this mean both IR ESA and CB ESA or new style CB ESA . Letters from the DWP through the years have quoted both as though they don't know what they are paying. How far would they go back and how should I tackle it -, Appeal. I used to work for the DWP or Social security as it was then so am used to reading regulations although many years ago now. Really appreciate your help on this complex matter. Not doing very well on moving across to UC, getting payments we didn't expect that are clearly wrong. As for the LA that's OK ,at least we are on first name terms with them, following a meeting to discuss the over charging of my son's care. Thanks again
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2 months 1 week ago #299155 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic treatment of a payment
Hi c.lloyd@btintern
You will see that my answer refers only to Contributions Based ESA. For income based Benefits that are means tested such as Income Based ESA then the income from this pension will be deducted £ for £.
David
You will see that my answer refers only to Contributions Based ESA. For income based Benefits that are means tested such as Income Based ESA then the income from this pension will be deducted £ for £.
David
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2 months 1 week ago #299157 by c.lloyd@btintern
Replied by c.lloyd@btintern on topic treatment of a payment
It seems I need to find out how long he has been on Contribution based ESA? It could be some time. The legislation isn't clear about being CB. I have been looking at The Employment And Support Allowance Regs 2013. Should I have looking elsewhere.
Sorry to keep asking but it is important.
Sorry to keep asking but it is important.
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2 months 1 week ago #299159 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic treatment of a payment
Hi c.lloyd@btintern
Here is some further information as requested.
assets.publishing.service.gov.uk/media/6...er-than-earnings.pdf
Paragraph 51765 onwards deal with contribution based ESA only
See paragraphs 51805 and 51806
51805 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.
51806 Any payments in DMG 51805 are known as survivors’ benefits and should be disregarded in full .
1 ESA Regs,reg 75(a)
There is no such exemption for income based ESA.
David
Here is some further information as requested.
assets.publishing.service.gov.uk/media/6...er-than-earnings.pdf
Paragraph 51765 onwards deal with contribution based ESA only
See paragraphs 51805 and 51806
51805 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.
51806 Any payments in DMG 51805 are known as survivors’ benefits and should be disregarded in full .
1 ESA Regs,reg 75(a)
There is no such exemption for income based ESA.
David
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2 months 1 week ago #299160 by c.lloyd@btintern
Replied by c.lloyd@btintern on topic treatment of a payment
Thank you for your help but I don't really understand your latest comment. I need a translation. I think it is back to putting a comment in the UC journal and contacting the DWP. I don't want to keep asking you but thanks anyway
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