- Posts: 1
× Members
ESA NOT MEANS TESTED
- paul baxter
- Topic Author
- Offline
Less More
6 years 3 months ago #204849 by paul baxter
ESA NOT MEANS TESTED was created by paul baxter
I have a complicated application for ESA on going.
I have an occupational & Injury pension from my previous occupation.
Since it has transpired from the pension Ombudsman that ESA is not at present a means tested benefit & has not been since its change over from Incapacity Benefit.
I made an application asking it to be back dated to the date I last worked in 2009. This was turned down because of the 3 month rule. The decision was the same on appeal.
My argument is that had I known ESA was not a means tested benefit in 2009 I would have applied for it. But everybody believed it was means tested until 2017 & the decision of the Pension Ombudsman.
Can you inform me if you have any information that might help me in this case.
Thank You
I have an occupational & Injury pension from my previous occupation.
Since it has transpired from the pension Ombudsman that ESA is not at present a means tested benefit & has not been since its change over from Incapacity Benefit.
I made an application asking it to be back dated to the date I last worked in 2009. This was turned down because of the 3 month rule. The decision was the same on appeal.
My argument is that had I known ESA was not a means tested benefit in 2009 I would have applied for it. But everybody believed it was means tested until 2017 & the decision of the Pension Ombudsman.
Can you inform me if you have any information that might help me in this case.
Thank You
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51071
6 years 3 months ago #204878 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA NOT MEANS TESTED
P
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
If your question is in regard to the following or similar
www.pensions-ombudsman.org.uk/wp-content/uploads/PO-14710.pdf
then I think you may misunderstood the situation, this is not about pensions being deducted from ESA, but rather ESA being deducted from pensions.
However, whatever the situation, the ESA legislation does not allow the backdating of a claim by more than three months, there are no exceptions to this.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
If your question is in regard to the following or similar
www.pensions-ombudsman.org.uk/wp-content/uploads/PO-14710.pdf
then I think you may misunderstood the situation, this is not about pensions being deducted from ESA, but rather ESA being deducted from pensions.
However, whatever the situation, the ESA legislation does not allow the backdating of a claim by more than three months, there are no exceptions to this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris