esa tribunaral

diane allen wrote:

my husband has just won his tribuneral only to find out that now he is in receipt of a ill health pension he is not entiled to payments. on the incapacity benefit, if you were awarded the middle or higher rate DLA this rule was made void and you were allowed to get your EIB benefit. Can any one tell me if this is the same with DLA awards and ESA. were gutted after all the hard work we put in for the tribunral

I am sorry this hasn't worked out for you as you had expected.

I am assuming that the appeal was not the result of an IB to ESA transfer, in which case the rules are different.

There is no pension disreagrd for Income Related ESA. All of the pension income will be deducted from your ESA payments.

For Contribution Based ESA there is a £85/w disregard with a subsequent deduction of £1/w for every £2/w of pension income. So if the pension was £100/w then after the disregard it would be £15 and there would be a deduction of £7.50.

In the case of ESA(IR), even if your payments are zero, you retain an underlying entitlement to ESA, subject to your husband continuing to pass the WCA, which may allow you access to other benefits. You would need to speak to your local CAB or Welfare Rights office to see whether this is the case or not.

Gordon