Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:

Remember me. Note: ticking this may affect members file download ability.
Members

TOPIC: esa

Re:esa 7 years 5 months ago #14405

Is your pension over £85 per week?

Please Log in or Create an account to join the conversation.

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

Re:esa 7 years 5 months ago #14409

yes its quite a lot more than this....thanks

Please Log in or Create an account to join the conversation.

Re:esa 7 years 5 months ago #14410

As your IB claim pre-dated April 2001, any occupational pension would not be taken into account, so you would receive the maximum IB to which you are entitled.

When existing IB claimants are finally migrated to ESA there may be some transitional protection, but as yet I am unable to find any details about this particular issue. This is probably because the information is still not available in the public domain.

Please Log in or Create an account to join the conversation.

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

Re:esa 7 years 5 months ago #14413

According to the The Employment and Support Allowance Regulations 2008 it states under:-
PART 9 AMOUNTS OF ALLOWANCE

CHAPTER 2 Deductions from the contributory allowance

Deductions for pension payment and PPF payment
74.—(1) Where—
(a)claimant is entitled to a contributory allowance in respect of any period of a week or part of a week;
(b)there is—
(i)a pension payment;
(ii)a PPF periodic payment; or
(iii)any combination of the payments specified in paragraphs (i) and (ii),payable to that person in respect of that period (or a period which forms part of that period or includes that period or part of it); and
(c)the amount of the payment, or payments when taken together, exceeds—
(i)if the period in question is a week, £85.00; or
(ii)if that period is not a week, such proportion of the amount mentioned in paragraph (i) as falls to be calculated in accordance with regulation 94(1) or (6) (calculation of weekly amount of income),
the amount of that allowance is to be reduced by an amount equal to 50% of the excess.


As CD has said any transitional protection for pre-April 2001 claimants if there is going to be any is yet to be disclosed.

Please Log in or Create an account to join the conversation.

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

Re:esa 7 years 5 months ago #14429

MANY THANKS.......WATCH THIS SPACE THEN?

Please Log in or Create an account to join the conversation.

Re:esa 7 years 5 months ago #14534

CD has just posted on the other forum that the draft regulations are now available HERE .

I started to read and came to paragraph 8.1:

Currently customers who claimed IB or SDA before April 2001 or are entitled to the highest care component of Disability Living Allowance do not have their benefit reduced if they have occupational pension or private income. In contrast ESA customers have half of any occupational or private pension over £85 per week deducted from their benefit. For example a person with a pension of £100 a week, would have their ESA reduced by £7.50 a week.
Anyone who currently benefits from the existing provision that disregards any occupational or private pension in their award of IB or SDA will continue to have this ignored when they transfer to ESA.

If I understand this correctly, you're in the clear - if you claimed IB before April 01 your pension won't reduce your benefit when you migrate to ESA.

Elaine

Please Log in or Create an account to join the conversation.

Last Edit: by Crazydiamond. Reason: URL link corrected.
Moderators: bro58GordonMrs Hurtyback
Time to create page: 1.604 seconds