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12 years 10 months ago #59365 by skyblue4u
recent post by pickles was created by skyblue4u
Hello Gordon
i have just read the above wuestions and answers regards questions raised by pickles.
On one of your treplies you mentioines that a pension may be exculded under IB for income purposes.

you probably realise am posting with my sons interest at heart. Due to recent advice one one of our posts my sons income from his ill health pension is not now being taken into account for tax credits puropose, which is a big success for this site and advice given. but going back to the piont in question is there any way that an ill health pension is disregarded under any circumstances and what did you mean when you mentioned pension excuded under Ib in pickles post? Again plenty of questions but i really appretiate this site and the very knowlegable people who run it.

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12 years 10 months ago #59367 by Gordon
Replied by Gordon on topic Re:recent post by pickles
skyblue

Some IB claimants have their pension income disregarded and when transferred to ESA this disregard will continue until 2020 providing they maintain their claim.

So, if your son is not currently receiving Incapacity Benefit then none of this is applicable.

If he is receiving IB and his ill health pension is NOT already disreagarded from his IB payments, then it will not be after he transferred to ESA.

If you have any more questions, please come back to the forum.

Gordon

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

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12 years 10 months ago #59375 by skyblue4u
Replied by skyblue4u on topic Re:recent post by pickles
Hello again Gordon,
Thank you again not for just the quick reply but a very intersting answer.

My sons situation is that he has been receiving IB since 1993 and has been ever since without any breaks. He does receive an ill heath pension from about 1996. His IB is not affected by this as he receives aroung £100 Per week, and no where is it mentioned that its taken into acount. Bearing in mind they have recently diregarded his ill health pension for Tax Credit purposes which we only foung out through your advice.

So correct me if im wrong in thinking no matter when he eventually gets transfered to ESA which we think could be any time and no matter what group he is put into wether wrag or supposrt group his ESA will not be effected by his ill health pension and he will be able to receive both and there will be no disregard to the limits on pensionable income? Sorry but this is a minefield and of a constant worry for not just him but us as well as to what all theses changes are going to effect him. He also receives higher rate moability and low rate care which we have requested a reveiw recently as his care need are substantially more a[prent now.

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12 years 10 months ago #59377 by Gordon
Replied by Gordon on topic Re:recent post by pickles
skyblue

The Government is offering Transitional Protection for IB claimants being transferred to ESA.

There are two aspects to this, first his ESA payments will not be less than his current IB ones, if necessary an additional payment will be made until the ESA rate catches up.

Secondly, as his pension is currently disregarded under IB it will continue to be under ESA.

In both cases the proviso is that the claim is uninterupted.

When your son is transfered he will receive Contribution Based ESA. The Government are currently enacting legislation that will limit the receipt of ESA(CB) to one year for members of the WRAG, but not the Support Group.

After the year, claimants are eligible to receive Income Related ESA, however, this is means tested and takes all income and assets into account, this may mean that a claimant would no longer receive payment for their ESA.

Gordon

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

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12 years 10 months ago #59378 by skyblue4u
Replied by skyblue4u on topic pickles post
Hello gordon,
sorry but just checked his recent letter advising him of his IB rate for this Year.It states basic rate £94.25 Plus additional pension based on earnings from 06/04/1978 to 05/05/1997 £30.29

Which gives him total amount of £124.54 each week.

Hope this helps with your answer.

many thanks

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12 years 10 months ago #59381 by skyblue4u
Replied by skyblue4u on topic Re:recent post by pickles
Thank you Gordon,
I fully understand this very complex issue as your answer is what id expected to be honest but still nevertheless i appreciate you personally for the speed and accurrcy of my questions and i will have no hesitation in advising anyone i know facing simalar situations regards benifits and associated problems that your subscription fee is the best investment anyone will likely to make when coming to terms with this minefied of legislation and the effects it will have on people who are genuinely effected by the forthcoming changes.

A big thank you yet again.

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