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ESA and Pension Payments over 85 pounds and HRC

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12 years 10 months ago #59424 by mandy76
I was reading the document in the members area "understanding ESA". On page 41 it says, "For contribution based ESA the rules relating to pensions are similar to IB. ESA may be reduced where you receive payments over 85 pounds weekly. However, for ESA there is no execption for people in receipt of DLA HRC." My husband is currently allowed to keep all of his Incapacity Benefit, (i.e, nothing is deducted in respect of his pension) due to being in receipt of DLA HRC and he was told by DWP that he would not be entitled to any payment of IB due to his ill-health retirement pension if it were not for the fact he received DLA HRC and if his care component was reduced he would not be entitled to keep any of his Incapacity Benefit not even a percentage due to the fact his ill-health pension exceeds 85 pounds per week. So, my question is this: am I correct in thinking that under the new ESA rules even if he continued to keep his DLA high care once he was migrated to ESA he would not receive incapacity benefit payment due to the changes in ESA? If this is the case there seems no point him claiming ESA and putting himself through the ordeal if, in the end, only to be told that he can't have it because his ill-health retirement pension is over 85 pounds a week. If anyone could clarify it would be appreciated.
Take care.
M

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12 years 10 months ago #59446 by Gordon
Britnell

If your husbands pension is currently diregarded under IB then our understanding is that it will continue to be under ESA until April 2020.

However, the Welfare Reform Bill, being voted on tonight, will limit the receipt of Contribution Based ESA, to one year for members of the WRAG, but not the Support Group.

After this claimants will be eligible for Income Related ESA, however, this is a means tested benefit with no disregards, which may mean that some claimants will receive no payments.

Hope this explains it.

Gordon

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

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  • lulusmf Smith
12 years 10 months ago #59450 by lulusmf Smith
Replied by lulusmf Smith on topic Re:ESA and Pension Payments over 85 pounds and HRC
I have just been put into the support group, following tribunal. I am in receipt of DLA HCR & HMR, yet my pensions are set against my ESA and deductions are made. Did the rules change when ESA was introduced?

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12 years 10 months ago #59457 by Gordon
lulusmf
Smith wrote:

I have just been put into the support group, following tribunal. I am in receipt of DLA HCR & HMR, yet my pensions are set against my ESA and deductions are made. Did the rules change when ESA was introduced?

It would be more accurate to say that it was never introduced.

Gordon

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

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  • SD
12 years 9 months ago #60766 by SD
Hi,

I receive contributions-based ESA as well as my medical pension.

There is a formula to work out how much they reduce the ESA, according to the medical pension income.

If i remember correctly anything over £85 gained from the pension has to be divided by 2, which is the amount taken off ESA each week.

So an easy example of this is to receive £100 pension each week, minus approx £85 equals £15. half of this is £7.50 and THAT'S the amount you take off the ESA each week. Obviously if it's a hefty pension of more than £260 per week it could end up being no ESA, but if the pension's that good I can't imagine anyone would mind too much!

This is as far as I understand it from my experience but they will let you know if you phone to ask (I did that prior to my pension). Hope it makes sense and wish you the very best.

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