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TOPIC: ESA

ESA 2 years 4 months ago #138876

I am currently on standard rate care and on enhanced rate mobility. The mobility is awarded 12 points for moving around. I currently work, but am finding it increasingly difficult. If my work offers an early retirement package and I accept it would I be entitled to claim ESA? Or because it was a voluntary early retirement would I not be able to claim? I am under 60 if this affects it.

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ESA 2 years 4 months ago #138891

EDM wrote: I am currently on standard rate care and on enhanced rate mobility. The mobility is awarded 12 points for moving around. I currently work, but am finding it increasingly difficult. If my work offers an early retirement package and I accept it would I be entitled to claim ESA? Or because it was a voluntary early retirement would I not be able to claim? I am under 60 if this affects it.


ESA and PIP are separate benefits and whilst there are some overlaps in terms of criteria, even where there are (your mobility is one), there are still sufficient difference that you cannot assume that an award for one will result in an award for the other.

Your ability to claim ESA will not be effected by the circumstances of your leaving your current job, have a look at the Understanding ESA and ESA Claim guides for more information.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon
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ESA 2 years 4 months ago #138907

Thank you very much Gordon.

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ESA 2 years 4 months ago #138908

On p 42 of your guide it states
For contribution based ESA the rules relating to pensions are very similar to incapacity benefit. ESA may be reduced where you receive payments over £85 a week.

On reading the guide I think I would be on contribution based ESA if it were awarded.

Does this mean that my pension I would get from my work would be taken into account to reduce any contribution based ESA?

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ESA 2 years 4 months ago #138913

EDM wrote: On p 42 of your guide it states
For contribution based ESA the rules relating to pensions are very similar to incapacity benefit. ESA may be reduced where you receive payments over £85 a week.

On reading the guide I think I would be on contribution based ESA if it were awarded.

Does this mean that my pension I would get from my work would be taken into account to reduce any contribution based ESA?


Hi EDM,

The current "Benefit Year" is 2015, so if you have the requisite amount of NI Contributions from employment for the last two relevant "Tax Years" (12/13 and 13/14.)

You will be entitled to Contribution Based (CB) ESA.

If you are entitled to and paid CB ESA alone, with no Income Related (IR) ESA top-ups, deductions will be made from your weekly CB ESA entitlement if your Works Pension exceeds £85/Week at a rate of 50 pence in the pound of the excess :

e.g. Works Pension = £105/Week

Excess above £85 = £20

50% of £20 = £10

Therefore £10/Week would be deducted from your CB ESA payments for a Works Pension of £105/Week

As you are in receipt of a PIP Standard Daily Living Award, you should also ask to be financially assessed for payment of IR ESA on top of your CB ESA.

If you can pass the IR ESA means test with respect to your capital, assets, savings, household income and any hours worked by a partner if you have one, you may also be entitled to The Severe Disability Premium (SDP)

Beside passing the IR ESA means test, you must also fulfil the other SDP qualifying criteria in this FAQ : ESA Premiums

See also :

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

No entitlement to IR ESA payments = no payment of ESA Premiums.

Any household income, such as a Works Pension will be offset £ for £ against any IR ESA entitlement that you may have.

If when any such household income is added to your CB ESA payments, your total household income equals or exceeds you maximum IR ESA entitlement you will not receive any IR ESA.

Of course, you would still receive your full CB ESA entitlement. (minus any appropriate deductions due to your Work Pension.)

Another thing to consider is that you will only receive 365 days of payment of CB ESA unless you are placed into The Support Group OR any part of your ESA payments are IR ESA in which case there is no such 365 day rule.

See : 12 Month Limit for ESA(CB)

bro58
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Last Edit: by bro58.

ESA 2 years 4 months ago #138982

I realise I have made a miscalculation. If I do get into the support group, given that the rate is £109.30 I would need to have a pension of £109.30 x 2 plus £85 = £303.60 before I would not be entitled to ESA(CB). I don't know how much my pension would be, but it would be nowhere near that!

I take my PIP benefit would not need to be in the figures above?

Would my partner's Retirement Pension and a small annuity of his be counted as household income the same as my pension, and be deducted at half rate for ESA(CR).

My troubles are partly due to an accident at work about 12 years ago and I registered the accident as a workplace injury with the DWP then. I never got around to claiming IIB before, although I should have. If I am awarded IIB would this be discounted in full from ESA, or at half rate, or not count at all?

Can you also tell me which benefits stop at retirement age when I would get my Retirement pension?
- PIP?
-ESA(CB)?
- IIB?

Thanks for reading all this and for your kindness in answering everyone's questions.

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