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Private Pension and ESA, but with a difference!

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5 years 11 months ago #212618 by Jetjockey145
Replied by Jetjockey145 on topic Private Pension and ESA, but with a difference!
Many thanks Gordon, I’m just learning forum etiquette.

Yes, I should have said notional income, not capital.

I read online that the DWP can look at the size of the drawdown pot and assess you as having bought an annuity with it. They can then assume notional income, whether you take it or not!

Having said the above, it appears then that this only applies to Income related ESA for example, and not CB ESA.

So here’s another puzzler. I am currently in the Support group and have been for approximately 3 years. I have just had to return an ESA50 due to the usual annual review. Assuming one was moved into the WRAG group after receiving CB ESA for 3 years in the Support group, would you be immediately transferred to IB ESA?

Many thanks.

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5 years 11 months ago #212639 by Gordon

Gerald wrote: So here’s another puzzler. I am currently in the Support group and have been for approximately 3 years. I have just had to return an ESA50 due to the usual annual review. Assuming one was moved into the WRAG group after receiving CB ESA for 3 years in the Support group, would you be immediately transferred to IB ESA?

Many thanks.


Have you spent any time outside of the Support Group as part of this claim, excluding the Assessment period if you were put straight into the SG?

Claimants can receive ESA(CB) for 365 days if they are not in the SG, so will have the 365 days minus any other time that you were not in the SG. If you have already exhausted your 365 days then ESA(IR) would be your only payment option and any pension income you receive would be deducted £ for £.

To pre-empt a further question, if you are under the age to receive Pension Credit, this is the date that a woman born on the same day as you would reach State Retirement Age, then you cannot be required to take payment of your pension and therefore there can be no Notional Income.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 11 months ago #212807 by Jetjockey145
Replied by Jetjockey145 on topic Private Pension and ESA, but with a difference!
Hello Gordon.

Yes, I spent the first year of my claim in the WRAG group and was then put on IB ESA.
It was a monumental mess up by the benefits people as they did not give me an examination following my accident. They made the decision to put me in the WRAG group based on the fact that I had a “bad back”. The reality was a crushed lower vertebrae, several others also damaged to a lesser degree, arm wrist and hand injuries, a concussion, bruising, sprains, etc.

I had no idea of the significance of being in the WRAG group, I didn’t even know what it was! When it was eventually explained to me after a year (I was called in), I then objected and was scheduled an examination. Following this I was placed into the Support group and put back on CB ESA. So it’s all water under the bridge now but you can understand my hesitation in releasing funds from a private pension. It’s been my experience that the DWP cannot be trusted to get things right.

Back at the start of my claim the DWP also made no mention of me being eligible for PIP., and that cost me a years benefit!

Gerald.
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5 years 11 months ago #212889 by Jetjockey145
Replied by Jetjockey145 on topic Private Pension and ESA, but with a difference!
Update.

I have recently had to submit another form ESA 50 for my annual review hence my concerns regarding being transferred from the Support group to the WRA group. Following tips given here I requested medical records from my local hospital and a letter in support of my claim from my local surgery.

The local hospital quoted 40 days to supply the medical records and I still have not received them! After a couple of weeks the GP's letter was ready for collection from the local surgery but upon inspection was worse than useless. The GP had failed to list several serious ailments, including those that she had treated me for! After complaining and another visit to the surgery, another GP produced a relevant and comprehensive letter for me.

I cannot help but feel that it’s an uphill struggle, with the DWP trying to stop every claim that they can, and the NHS not really geared up to help the claimant.

Does anybody else feel like this?

Thanks.

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