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ESA CB & Occupational Pension

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5 years 11 months ago #210060 by Little A
ESA CB & Occupational Pension was created by Little A
I messaged you at the end of 2016 about this in a thread primarily concerned with DLA to PIP. Mrs H suggested I start a new topic for this if I needed to further discuss this so I am doing this. I hope this is OK.

As I transferred from I B to ESA and I had been in receipt of IB before 6 April 2001, I have the leaflet that says pension income rules do not apply to me.(BF140 2013).I also have a letter from DSS back in1 997 advising they were aware of my O.Pension and this did not affect my IB. I would however be taxed accordingly.

Last Friday, the dreaded Brown Envelope came in containing a letter dated 2 April asking for permission to contact my Pension Provider to find out the increase I was due to get this April.?

This is the very first time I have ever received a letter from them about my Occupational Pension, never mind about the April index increase?

I am very suspiscious about this letter and wonder if the staff even remember the rules made in 2013? Are they trying to hoodwink people who are entitled to their ESA by conveniently forgetting about this clause.I am in a quandry about whether to call or write a letter with substantiating evidence?

Please may I have your comments on this subject?

Thank you. Melan.

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5 years 11 months ago #210070 by Gordon
Replied by Gordon on topic ESA CB & Occupational Pension
Melan

We have had a number of members report receiving these letter, it seems that the ESA computer system is unable to distinguish between pensions that might effect ESA and ones that are disregarded.

I would contact the DWP office dealing with your ESA to make sure that they are aware that the pension is disregarded and it should result in the letter being withdrawn.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Little A

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5 years 11 months ago #210146 by Little A
Replied by Little A on topic ESA CB & Occupational Pension
Gordon
I got in touch with the ESA Call Centre about this letter and the representative said I still need to return the form with the amount of my anticipated rise in OP from April18.

He acknowledged that they are aware of my circumstances viz I am exempt from the Pension Income Rules because I was in receipt of conrinuous IB prior to 6 April 2001. Returning the form he insisted will not affect the amount of my ESA.

He said that the DWP are asking for this info now because I may apply for ESA IR in the future and they want to keep their records up to date. He further stated that there was no way the letter request could be withdrawn. He insists the info is for info purposes only.

A further thought is crossing my mind. I wonder if they are asking for this because I read that the transitional protection ends in April 2020. For persons like myself this would mean I would then be liable to the Pension Rules because of the New Retirement Age introduced by Messrs GOV without any notification to the persons concerned that their retirement age was now 66 years instead of 62.5yrs. I was not really aware of this until today. Is it true that the Transitional Protection does end in 2020?

I guess I have no alternative than to send the form back. I would appreciate any comments you can make regarding this matter particularly about 2020?

Thank You.

Melan

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5 years 11 months ago #210150 by Gordon
Replied by Gordon on topic ESA CB & Occupational Pension
Melan

I have not gone through the ESA Transitional Regulations in detail but as far as I can see the date of 5 April 2020 applies only to the payment of a Transitional Addition (or Payment), the amendment to the ESA Regulations 2008 that can disregard certain pension information has no termination date.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Little A

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5 years 11 months ago #210719 by Blondie
Replied by Blondie on topic ESA CB & Occupational Pension
Hi there Melan,

I am wondering whether I may be in the same position as you regarding my Occupational Pension and it affecting my Contribution Based Support Group ESA.

I would be very grateful if could you tell me the full details of the ruling you mentioned above OR perhaps point me in the direction of an appropriate link please?

Thanking you in advance
Kind Regards

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5 years 11 months ago #210740 by Gordon
Replied by Gordon on topic ESA CB & Occupational Pension
Blondie

Was your pension disregarded under IB, not being deducted is not the same as disregarded?

Gordon

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

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