I've been on Incapacity Benefit and now CB ESA continuously since before 2001. I had assumed therefore that when I start to draw my occupational pension it wouldn't affect my ESA. However reading up on it in the last couple of days leads me to fear that to benefit from transitional protection I would have had to start drawing it while still on IB. Is that the case?
faddy wrote: I've been on Incapacity Benefit and now CB ESA continuously since before 2001. I had assumed therefore that when I start to draw my occupational pension it wouldn't affect my ESA. However reading up on it in the last couple of days leads me to fear that to benefit from transitional protection I would have had to start drawing it while still on IB. Is that the case?
I'm afraid your pension needed to be in payment AND disregarded while you were receiving IB for it to e covered under the Transitional Regulations,
It will be treated as any other pension under ESA, so an £85/week disregard followed by a £1/week deduction for every £2 of pension over the £85.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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