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TOPIC: ESA AND PRIVATE PENSION

ESA AND PRIVATE PENSION 3 years 2 months ago #124145

No problem S !! :)

Just to add, as any lump sum or OP payments would not be classed as a Change of Circumstances with respect to DLA, (or PIP) there would be no need to inform that department.

bro58
The following user(s) said Thank You: Seth Laa

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

ESA AND PRIVATE PENSION 3 years 2 months ago #124164

I am in a similar position with a small pension of £868.42 per annum payable from my 60th birthday but with a state pension age of 65½ years. I can convert to a smaller pension together with a lump sum of just over £4000. However, I have been told by the insurance company that under the new “triviality” rules I can convert the whole pension to a lump sum of just over £17,000. Obviously the larger cash sum would be very handy to replace carpets and kitchen units and appliances (over 30 years old) and bathroom which is over 40 years and unsuitable for our needs as we are both disabled (social services say we are not entitled to their help as we are not wheelchair bound and would only install a wet room which involves cutting into floor joists etc)
I know that if I take the larger sum it will impact on income related benefits but wonder if major house improvements such as those I have stated could be offset against it.
On page 25 of form ESA3 it mentions “Money set aside for essential repairs”. Do you know what this means and how much you can have? Is it above the £6000 capital you are allowed before deductions are made or part of it? Is it different for tenants and home owners?
Both myself and my husband are in the ESA Support Group (I am CB and he is IR) and he receives higher rate DLA both Care and Mobility
Some advice would be greatly appreciated as many women must be finding themselves in a similar position.

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Last Edit: by Gordon.

ESA AND PRIVATE PENSION 3 years 2 months ago #124167

Dixi

The Decision Makers guide defines essential repairs as

52549 Essential repairs and improvements are those which are needed to make the home fit to live in by the person or a member of the person's family. For example, if the roof of the home is letting in water it is essential to repair the roof to make the home fit to live in.


www.gov.uk/government/uploads/system/upl...e/337673/dmgch52.pdf

Money set aside for essential repairs is normally disregarded for 26 weeks, but can be longer if the work involved would exceed this.

I am afraid we cannot say whether the work you are talking about would come under this heading, I think this is a case where you need to get face to face advice from a trained advisor, it may be necessary for them to approach the DWP before you proceed so that you have some idea on how they may view the situation. Do an internet search for "welfare advice" with your postcode, town or county.

Gordon

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ESA AND PRIVATE PENSION 3 weeks 4 days ago #198075

Gordon wrote: Shandy

Any deferred pension will likely be classed as Notional Income, in other words you will be classed as receiving it even though you are not, however, there is an £85/week disregard for pension income for claimants receiving ESA(CB) so your ESA should not be effected.

You still need to inform the DWP of this Change of Circumstances and they will undoubtedly require additional documentation about what is happening.

Gordon


I realise that I'm replying to a post from three years ago, but I was a little alarmed to read this as I'm aged 63, haven't started drawing the pension I could have taken at 60, and am on CB ESA. I've found para 106 (c) of the regulations describing the treatment of an unclaimed pension as notional income but it appears to me to be in the context of capital and income rules for IR ESA I can't find anything in the DM Guide that relates to the pension deductions from CB ESA to suggest that unclaimed pension should be taken into account. Apologies if I've overlooked something.

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ESA AND PRIVATE PENSION 3 weeks 4 days ago #198090

Faddy

The critical question is whether you are of Pension Credit age yourself, or if a woman born on the same day as you would be, if you are not then the notional income does not apply.

You can check your eligibility for PC on the following page

www.gov.uk/state-pension-age

If it does then you need to face to face advice from a trained advisor, we cannot give detailed financial advice on the forum. Do an internet search for "welfare advice" with your postcode, town or county.

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ESA AND PRIVATE PENSION 3 weeks 4 days ago #198105

Gordon wrote: Faddy

The critical question is whether you are of Pension Credit age yourself, or if a woman born on the same day as you would be, if you are not then the notional income does not apply.

You can check your eligibility for PC on the following page

www.gov.uk/state-pension-age


Thanks Gordon, my SPA is the same as Pension Credit Age for a woman of my age, so I won't be receiving ESA beyond Pension Credit Age.

Although it's now academic as far as my own case goes, could I just question the suggestion in your post from three years ago that the concept of notional income applies in the context of the pension deduction from CB ESA, as an admittedly brief look through the DM guide hasn't found anything that says that?

Cheers.

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