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Legacy ESA Contribution
- langton
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5 days 9 hours ago #314474 by langton
Legacy ESA Contribution was created by langton
Hi Folks,
Been on the incapacity journey from early 2000s to the present ESA without any interruption (support group).
I have read previously on here about the income disregards for legacy rules, and this has been correct in terms of ill health work pensions not being used for those on the legacy migrated from incapacity benefits.
But, in the next 18 months my deferred armed forces 75 pension can be claimed.
question,
Will this be classed as a new payment in the scheme and open up a hornets nest ? or will my Legacy protection still suffice ?
Been on the incapacity journey from early 2000s to the present ESA without any interruption (support group).
I have read previously on here about the income disregards for legacy rules, and this has been correct in terms of ill health work pensions not being used for those on the legacy migrated from incapacity benefits.
But, in the next 18 months my deferred armed forces 75 pension can be claimed.
question,
Will this be classed as a new payment in the scheme and open up a hornets nest ? or will my Legacy protection still suffice ?
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- David
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5 days 9 hours ago #314475 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Legacy ESA Contribution
Hi langton
I would advise reading the following document and if in doubt contact Veterans UK or the Royal British Legion.
www.citizensadvicetelfordandthewrekin.or...-benefits-system.pdf
Let us know how you get on.
David
I would advise reading the following document and if in doubt contact Veterans UK or the Royal British Legion.
www.citizensadvicetelfordandthewrekin.or...-benefits-system.pdf
Let us know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- langton
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5 days 1 hour ago #314481 by langton
Replied by langton on topic Legacy ESA Contribution
Hi David,
currently i have always been protected via Paragraph 45465 of The Decision Makers Guide Volume 8. Chapter 45.
But,
The deferred army pension comes into the equation in the next 18 months . Does this new payment get tested against the newer version of New Style ESA Contribution .
currently i have always been protected via Paragraph 45465 of The Decision Makers Guide Volume 8. Chapter 45.
But,
The deferred army pension comes into the equation in the next 18 months . Does this new payment get tested against the newer version of New Style ESA Contribution .
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- David
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4 days 4 hours ago #314491 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Legacy ESA Contribution
Hi langton
Here are the regs for the old Contributions Based ESA you mention:-
"Disregard of pension payments
45465 Certain pension payments or PPF periodic payments, described at DMG 44716 et seq, do not fall
to be deducted from ESA(Cont). In addition any pension payment or PPF periodic payment is
disregarded1
where
1. the claimant was entitled to IB immediately before conversion to ESA and
2. the provisions reducing IB by a pension or PPF payment2
did not apply because
2.1 the claimant was entitled to3
2.1.a DLA care component at the highest rate or
2.1.b AFIP or
2.1.c PIP daily living component at the enhanced rate or
2.2 the claimant qualified for IB under the provisions for those incapacitated in youth because of previous entitlement to SDA4 or
2.3 the claimant was entitled to IB before 6.4.01 on any day of IfW in a PIW which began before
and continues after that date5
.
1 ESA (TP, HB & CTB)(EA)(No 2) Regs, Sch 1, para 11; ESA Regs, reg 75(1)(g); 2 C & B Act s 30DD(1);
3 SS (IB) Regs, reg 26; 4 reg 19; 5 WRP Act 99 (Commencement No 9 and Transitional and Savings
Provisions) Order 2000, Art 3
45466 Where the conditions in DMG 45465 1. and 2.1, 2.2 or 2.3 are satisfied on the day before the
effective date of the conversion decision, it is irrelevant that the pension or PPF payment began after
the condition in 2.1 - 2.3 was satisfied"
The above does not appear in the New Style ESA regs:-
www.legislation.gov.uk/ukdsi/2013/9780111531877
I need to refer this to a colleague. I expect though the financial advisers at a veterans agency would know the answer.
David
Here are the regs for the old Contributions Based ESA you mention:-
"Disregard of pension payments
45465 Certain pension payments or PPF periodic payments, described at DMG 44716 et seq, do not fall
to be deducted from ESA(Cont). In addition any pension payment or PPF periodic payment is
disregarded1
where
1. the claimant was entitled to IB immediately before conversion to ESA and
2. the provisions reducing IB by a pension or PPF payment2
did not apply because
2.1 the claimant was entitled to3
2.1.a DLA care component at the highest rate or
2.1.b AFIP or
2.1.c PIP daily living component at the enhanced rate or
2.2 the claimant qualified for IB under the provisions for those incapacitated in youth because of previous entitlement to SDA4 or
2.3 the claimant was entitled to IB before 6.4.01 on any day of IfW in a PIW which began before
and continues after that date5
.
1 ESA (TP, HB & CTB)(EA)(No 2) Regs, Sch 1, para 11; ESA Regs, reg 75(1)(g); 2 C & B Act s 30DD(1);
3 SS (IB) Regs, reg 26; 4 reg 19; 5 WRP Act 99 (Commencement No 9 and Transitional and Savings
Provisions) Order 2000, Art 3
45466 Where the conditions in DMG 45465 1. and 2.1, 2.2 or 2.3 are satisfied on the day before the
effective date of the conversion decision, it is irrelevant that the pension or PPF payment began after
the condition in 2.1 - 2.3 was satisfied"
The above does not appear in the New Style ESA regs:-
www.legislation.gov.uk/ukdsi/2013/9780111531877
I need to refer this to a colleague. I expect though the financial advisers at a veterans agency would know the answer.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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