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TOPIC: ESA withdrawn.

ESA withdrawn. 6 years 1 month ago #68220

Hi, I wonder if any one can explain this to me, my daughter recently went for a ESA medical assesment and was placed in the support group.
When she disclosed that she was recieving a sickness pension from her employer (NHS)
the ESA payment was stopped . is this right?
I thought that they could not do this until next april at the earliest and only then when it had been passed through parliament.
Any views please

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Re:ESA withdrawn. 6 years 1 month ago #68223

  • Gordon
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  • Posts: 30985
Martyn

Is your daughter receiving Income Related ESA or Contribution Based?

For ESA(IR) any income will be deducted, one for one, from the payments.

For ESA(CB) any gross pension income of more than £85 a week, the amount of benefit payable will be reduced by half of the excess.

If in doubt, you should contact your local DWP office and ask for a written explanation of how they have reached this decision.

Gordon

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

Re:ESA withdrawn. 6 years 1 month ago #68230

Hi M,

Gordon has given you the correct information regarding deduction pertaining to occupational pensions.

I think you are confused with regard to your reference to April 2012.

If the new legislation is passed which seems most likely.

As from April 2012, anyone who is awarded ESA WRAG contribution based, will only be entitled to 365 days entitlement.

After this period the recipient will face a means test to see whether they qualify for Income Related ESA.

This rule will be applied retrospectively, ie, any award of the Con/ESA before April 2012 will be deducted from the 365 day entitlement.

Anyone in the support group of ESA will not face this 365 day limit on entitlement, and will therefore not face the means test.

The scenario with your daughter is a seperate issue, with regard to receipt of an occupational pension, if in excess of £85 / week.

cheers

bro58

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Re:ESA withdrawn. 6 years 1 month ago #68233

  • Bruce Robinson
I am confused. Does this mean that anyone with an occupational pension is means tested from day 1 of a successful ESA application under this £85 rule?

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Re:ESA withdrawn. 6 years 1 month ago #68236

Bruce Robinson wrote:

I am confused. Does this mean that anyone with an occupational pension is means tested from day 1 of a successful ESA application under this £85 rule?


Hi,

The means test is only applied to recipients of Income Related ESA.

The disregard of £85 / week for Occupational Pensions is for Contributory ESA, as was also the case for many recipients of Contributory Incapacity Beneft.

cheers

bro58

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

Re:ESA withdrawn. 6 years 1 month ago #68238

  • Bruce Robinson
The reason I asked is because I have been receiving IB and an occupational pension as I took early retirement on health grounds. Now I am being reassessed for ESA. If the rule is that "For ESA(CB) any gross pension income of more than £85 a week, the amount of benefit payable will be reduced by half of the excess", then unless, as I understand it, I get into the Support Group, I will not receive any contributory ESA because of the level of my pension. So I am wondering whether I will go through a long process and come out with nothing even if I pass the medical assessment.

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