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Occupational pension and esa

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6 years 3 months ago #202575 by kim
Occupational pension and esa was created by kim
I have had a call from the DWP about my works pension I was medically retired and given my pension in 1996 I was also put on Incapacity Benefit and DLA....the DWP are saying that they have no record of my pension and maybe it got lost when I was put onto ESA in 2013 and that I am also not entitled to ESA because of my pension..I am on contribution based ESA in the support group..I am now awaiting a call back tomorrow and I am ill with worry...can you give me any advice if this is the case..I feel they are making out I never told them and I no longer have forms from 1996..Many Thanks

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6 years 3 months ago #202582 by Gordon
Replied by Gordon on topic Occupational pension and esa
Kim

Based on your post your pension should have been disregarded under IB, do you know whether this is the case? It's important the pension was disregarded rather than it not being deducted!

If it was disregarded under IB then it should continue to be disregarded under ESA providing you were transferred straight from IB to ESA and your claim has been continuous since then.

The big problem is that record keeping under IB was truly appalling and we regularly, a couple of times a month, have members in similar situation posting on the forum.

The reference to the disregard is in The Decision Makers Guide, Chapter 45, Paragraph 45465

www.gov.uk/government/uploads/system/upl...e/658311/dmgch45.pdf

Gordon

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

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6 years 3 months ago #202586 by kim
Replied by kim on topic Occupational pension and esa
Thank you for your advice...I have no idea to be honest I have always had both and no problem until now..they are phoning back tomorrow and I will ask them about this..thank you

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6 years 3 months ago #202588 by kim
Replied by kim on topic Occupational pension and esa
Just wondering is there any way you can find out if it was disregarded under Incapacity Benefit..I have never had a break from it and after a few house moves I have no original papers left

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6 years 3 months ago #202590 by Gordon
Replied by Gordon on topic Occupational pension and esa

kim wrote: Just wondering is there any way you can find out if it was disregarded under Incapacity Benefit..I have never had a break from it and after a few house moves I have no original papers left


You can make a Subject Access Request for your IB information but the information may not exist, you may have a better idea after you speak to them tomorrow.

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

Gordon

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

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6 years 3 months ago #202591 by kim
Replied by kim on topic Occupational pension and esa
Thank you very much for the advice

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