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
Members
  • Page:
  • 1
  • 2

TOPIC: ESA and Occ Pensions exemptions

ESA and Occ Pensions exemptions 3 weeks 1 day ago #201835

Hi, my wife was awarded DLA Higher rate care back in July 2007 and shortly afterwards IB (Long term) converted to ESA in 2014. In September 2007 she was awarded an ill health retirement pension. I am aware that all pensions are disregarded and paid in full because of her entitlement to DLA HRC (see lawcentreni.org website), however, can anyone identify where this very small print rule exists in the DM's guide?

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

ESA and Occ Pensions exemptions 3 weeks 17 hours ago #201854

Ed

There is no disregard for pensions under ESA unless the pension was disregarded under IB and there has been no interruption in the Transitional Protection.

The pension not being deducted under IB does not mean that it was disregarded, record keeping under IB was appalling and many pensions were not processed by the DWP. You will need to show that you notified the DWP of the pension in 2007 and that the DWP disregarded it in regard her IB.

If you can do this then there should be no argument that it should continue to be disregarded under ESA.

Gordon

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

ESA and Occ Pensions exemptions 3 weeks 17 hours ago #201856

Hi what is pension disregard? I've not heard of this.

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

ESA and Occ Pensions exemptions 3 weeks 16 hours ago #201875

lild wrote: Hi what is pension disregard? I've not heard of this.


Some pensions under IB were disregarded, if this was the case then the disregard should be carried forward to ESA when the claimant is/was converted.

There is no disregard for pensions under ESA except for this.

Gordon

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
Last Edit: by Gordon.

ESA and Occ Pensions Lump Sum exemptions 3 weeks 14 hours ago #201890

Thankyou Gordon, one further question if I may. She also received a lump sum compensation when she left her employment. Am I correct in saying that lump sums are not taken into account when transferred to from IB to ESA. If so, do you have a Decision Maker Guide reference?

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

ESA and Occ Pensions Lump Sum exemptions 3 weeks 11 hours ago #201903

Ed wrote: Thankyou Gordon, one further question if I may. She also received a lump sum compensation when she left her employment. Am I correct in saying that lump sums are not taken into account when transferred to from IB to ESA. If so, do you have a Decision Maker Guide reference?


There is no such disregard, however, if your wife is only receiving Contribution Based ESA then any savings and assets that you have as a couple will not effect her ESA(CB) payments.

Gordon
The following user(s) said Thank You: Ed

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
  • Page:
  • 1
  • 2
Moderators: bro58GordonMrs Hurtyback