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TOPIC: ESA withdrawn.

Re:ESA withdrawn. 6 years 1 month ago #68239

Bruce Robinson wrote:

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.


Hi B,

Can I ask, if your pension is more than £85 / week, was the reason for you not having any deductions from your Con/IB, due to the fact that you are also in receipt of High Rate Care DLA.

bro58

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Last Edit: by bro58. Reason: Deleted incorrect info

Re:ESA withdrawn. 6 years 1 month ago #68240

bro58 wrote:

Bruce Robinson wrote:

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.


Hi B,

Can I ask, if your pension is more than £85 / week, was the reason for you not having any deductions from your Con/IB, due to the fact that you are also in receipt of High Rate Care DLA.


bro58



Hi,

See Crazydiamonds post re this from the link below. :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=32254#32278

bro58

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58. Reason: Deleted incorrect info

Re:ESA withdrawn. 6 years 1 month ago #68242

bro58 wrote:

bro58 wrote:

Bruce Robinson wrote:

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.


Hi B,

Can I ask, if your pension is more than £85 / week, was the reason for you not having any deductions from your Con/IB, due to the fact that you are also in receipt of High Rate Care DLA.

bro58



Hi,

See Crazydiamonds post re this from the link below. :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=32254#32278

bro58



Hi B,

It appears from the statement below, that you will still be covered by the pension disregard exception, as you are not a "NEW" ESA claimant, but are being migrated from IB.

If you had no deductions taken due to reasons mentioned below.

Occupational pensions
The rules relating to occupational pensions which apply to incapacity benefit will also apply to ESA, where claimants are converted. So claimants whose occupational pension is not taken into account because their claim for IB or SDA began before April 2001, or because they receive higher rate DLA care component, will continue to have their pensions ignored for ESA purposes.

Sorry if I caused any confusion.

cheers

bro58

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Last Edit: by bro58. Reason: Deleted incorrect info.

Re:ESA withdrawn. 6 years 1 month ago #68253

  • Bruce Robinson
Thanks, Bro58. It is now clear what the situation is. It did vaguely occur to me thinking about it that means testing of IB only came in after I was receiving it - my IB claim goes back to 1995. So that will continue under ESA - at least while I'm on the contributory element.

That's a relief.

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Re:ESA withdrawn. 5 years 11 months ago #73489

Hi Gordon, yes I accept the point you make regarding the income related payment, versus contribution based payment but are they in order disregarding the first year/part year of NI contributions thus forcing the claimant onto income based payments.
regards Martyn.

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Re:ESA withdrawn. 5 years 11 months ago #73496

  • Gordon
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martyn williams wrote:

Hi Gordon, yes I accept the point you make regarding the income related payment, versus contribution based payment but are they in order disregarding the first year/part year of NI contributions thus forcing the claimant onto income based payments.
regards Martyn.

I'm sorry Martyn, the rules regarding qualifying NI contributions are quite complicated and require knowledge of the contributions made, in order to decide whether a claimant is eligible for ESA.

Even if you could provide the NI contribution information, which is normally provided to the DWP by HMRC, it is beyond the remit of the Forum to answer a specific question. See Why can’t you answer a question about my specific claim? .

Your daughter should be able to request a written statement explaining why the DWP now believe that she did not meet the necessary contributions, and the Decision should be appealable, assuming of course she can prove that she did.

She needs to get face to face advice from her local CAB or Welfare Rights office.

Gordon

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