× Members

ESA and other income

More
12 years 5 months ago - 12 years 5 months ago #74617 by Gordon
Replied by Gordon on topic Re:ESA and other income
carruthers wrote:

I can see that this is obvious to you, but it is not clear to me:

Is the OP disregarded during the initial 365 days entitlement to Contributory ESA when dealing with a new claim (not a migration from IB)?

If your pension was disregarded under IB then it will continue to be so under ESA, as long as you remain entitled to ESA(CB) as a continuous claim or April 2020, whichever is the later.

If you remain in the WRAG, then then will be a further limitation (subject to the Welfare Reform bill being passed asis), which will limit your entitlement to ESA(CB) to 365 day from your Effective Date of Transfer or the start of a new claim.

After the 365 days you would be entitled to ESA(IR), subject to the means test. Days spent in the Support Group do not count towards the 365 day total.

Hope this explains it better.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 5 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
12 years 5 months ago #74626 by carruthers
Replied by carruthers on topic Re:ESA and other income
Gordon wrote:

carruthers wrote:

I can see that this is obvious to you, but it is not clear to me:

Is the OP disregarded during the initial 365 days entitlement to Contributory ESA when dealing with a new claim (not a migration from IB)?

If your pension was disregarded under IB then it will continue to be so under ESA, as long as you remain entitled to ESA(CB) as a continuous claim or April 2020, whichever is the later.

..

Hope this explains it better.

Gordon

Gordon, I think I must be rather more mentally confused than I thought I was - and the brain fog seems pretty bad some days.

I'm sorry to repeat the question, as I realise that you've given an answer twice already, but I can't see how it covers my query:

Do these rules about disregarding an OP apply to a NEW CLAIM? That is, NOT a transfer from IB.

Please Log in or Create an account to join the conversation.

  • Rosered
12 years 5 months ago #74627 by Rosered
Replied by Rosered on topic Re:ESA and other income
I thought I saw somewhere on here that when the time limited ESA finishes or it might have been the new PIP that it would be means tested and that even if you did not have any money but owned a home that would be taken into consideration, and so you may not be eligible for benefits.

But where does that leave someone if they cannot sell their home for whatever reason.

Does anyone remember reading if that is the case.

Please Log in or Create an account to join the conversation.

More
12 years 5 months ago #74633 by Gordon
Replied by Gordon on topic Re:ESA and other income
carruthers wrote:

Gordon, I think I must be rather more mentally confused than I thought I was - and the brain fog seems pretty bad some days.

I'm sorry to repeat the question, as I realise that you've given an answer twice already, but I can't see how it covers my query:

Do these rules about disregarding an OP apply to a NEW CLAIM? That is, NOT a transfer from IB.

Sorry Carruthers, I've been trying to figure out from your previous posts whether you are/will be transferred from IB.

To answer your question as asked, the rules regarding pension income for a new claim for ESA(CB) are as follows.

There is an £85/week disregard followed by a £1/w for every £2/w of pension income deduction.

So as an example, if your pension is £100, then the excess is £15 and the deduction is £7.50.

The time limit for ESA(CB) still applies as previously posted.

Hope this explains it :)

Gordon

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

Please Log in or Create an account to join the conversation.

More
12 years 5 months ago #74650 by carruthers
Replied by carruthers on topic Re:ESA and other income
Gordon wrote:

carruthers wrote:

Do these rules about disregarding an OP apply to a NEW CLAIM? That is, NOT a transfer from IB.

Sorry Carruthers, I've been trying to figure out from your previous posts whether you are/will be transferred from IB.

To answer your question as asked, the rules regarding pension income for a new claim for ESA(CB) are as follows.

There is an £85/week disregard followed by a £1/w for every £2/w of pension income deduction.

So as an example, if your pension is £100, then the excess is £15 and the deduction is £7.50.

The time limit for ESA(CB) still applies as previously posted.

Hope this explains it :)

Gordon

Thanks Gordon.

They really are going through some quite sweeping reforms without really letting on about it. Turning long-term sickness benefit into short-term sickness benefit. Taxing it (a 20% cut in benefit for some) etc etc.

This particular set of circumstances apply not to me but to someone close, who has asked me for help. I can't do much, as I rely on the occasional "good day" for most things, but I thought I could help a bit with the forms. It sounds as though all I can do to tell him he probably should not to bother with ESA forms. Maybe we can find an expert to go through the exact figures with him, but benefit experts are in short supply and high demand these days.

For myself I am, personally, up for "migration" but not from IB to ESA but from SDA - which accounts for me not knowing the IB rules.

In my own case I'm still not sure what the rules are. I'm on SDA and I've never been told about any rules on OP regarding that. I believe that SDA migration puts you on to a CB basis. I also believe that I have a good case for SG status - though whether ATOS will agree is another matter.

I have no OP (never having had an "O"). However there is one OP coming into the household, which might mean that we would lose a substantial chunk of ESA.

But I'll worry about that next week. At the moment friend's needs are much more urgent.

Please Log in or Create an account to join the conversation.

More
12 years 5 months ago #74726 by slugsta
Replied by slugsta on topic Re:ESA and other income
I can understand people deciding that it is just not worth trying to claim ESA. However, don't forget that,as I understand it, whilst in receipt of ESA NI 'stamp' will be paid and count towards pension contributions.

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.