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IB / private pension and high rate care dla

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11 years 3 months ago - 11 years 3 months ago #97527 by toulane55
IB / private pension and high rate care dla was created by toulane55
Hi, I have recently been transferred from IB to E S A, I also receive a private pension,
I also have the high rate care component of dla, whilst on I B no part of my pension
Was deducted because of the care component of dla, I rang job centre to inform them of my pension and explained that because I receive the high rate care component of dla my esa should not be affected and they now say that that don't apply now and that money will be deducted from my esa,
Is this the case now and if so I thought existing claimants wouldn't lose out ?
Can someone put me right please because I don't feel that the job centre
Advisor knows what I am talking about,
Please help
Thanks
Linda age 56
Last edit: 11 years 3 months ago by .

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11 years 3 months ago - 11 years 3 months ago #97528 by
Replied by on topic IB / private pension and high rate care dla

toulane wrote: Hi, I have recently been transferred from IB to E S A, I also receive a private pension,
I also have the high rate care component of dla, whilst on I B no part of my pension
Was deducted because of the care component of dla, I rang job centre to inform them of my pension and explained that because I receive the high rate care component of dla my esa should not be affected and they now say that that don't apply now and that money will be deducted from my esa,
Is this the case now and if so I thought existing claimants wouldn't lose out ?
Can someone put me right please because I don't feel that the job centre
Advisor knows what I am talking about,
Please help
Thanks
Linda age 56


Hi L,

Does this answer you question ? :

Will my pension be disregarded under ESA?

bro58
Last edit: 11 years 3 months ago by .

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11 years 3 months ago #97530 by
Replied by on topic IB / private pension and high rate care dla

bro58 wrote:

toulane wrote: Hi, I have recently been transferred from IB to E S A, I also receive a private pension,
I also have the high rate care component of dla, whilst on I B no part of my pension
Was deducted because of the care component of dla, I rang job centre to inform them of my pension and explained that because I receive the high rate care component of dla my esa should not be affected and they now say that that don't apply now and that money will be deducted from my esa,
Is this the case now and if so I thought existing claimants wouldn't lose out ?
Can someone put me right please because I don't feel that the job centre
Advisor knows what I am talking about,
Please help
Thanks
Linda age 56




Hi L,

Does this answer you question ? :

Will my pension be disregarded under ESA?

bro58


However, I am not sure whether this disregard applies under Transitional Protection, if the disregard with respect to Occupational Pensions whilst you were in receipt of IB, was as a result of you being in receipt of HR DLA Care Component.

Maybe one of the other MODS could clarify this, (Gordon) :)

bro58

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11 years 3 months ago #97538 by
Replied by on topic IB / private pension and high rate care dla

bro58 wrote:

bro58 wrote:

toulane wrote: Hi, I have recently been transferred from IB to E S A, I also receive a private pension,
I also have the high rate care component of dla, whilst on I B no part of my pension
Was deducted because of the care component of dla, I rang job centre to inform them of my pension and explained that because I receive the high rate care component of dla my esa should not be affected and they now say that that don't apply now and that money will be deducted from my esa,
Is this the case now and if so I thought existing claimants wouldn't lose out ?
Can someone put me right please because I don't feel that the job centre
Advisor knows what I am talking about,
Please help
Thanks
Linda age 56




Hi L,

Does this answer you question ? :

Will my pension be disregarded under ESA?

bro58


However, I am not sure whether this disregard applies under Transitional Protection, if the disregard with respect to Occupational Pensions whilst you were in receipt of IB, was as a result of you being in receipt of HR DLA Care Component.

Maybe one of the other MODS could clarify this, (Gordon) :)

bro58


FAO Gordon. :)

bro58

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11 years 3 months ago - 11 years 3 months ago #97545 by Gordon
Replied by Gordon on topic IB / private pension and high rate care dla
toulane

It is the best part of two years since I went through the original legislation, as I remember it, it took the nearly two week to back track all of the relevant acts (amendments to amendments of amendments, etc.).

However, the good news is the Decision Makers Guide now has this covered. Providing you meet all of the other conditions 2.1 means that your pension should be disregarded.

45465 Certain pension payments or PPF periodic payments, described at DMG 44716 et seq, do not fall to be deducted from ESA(Cont). In addition any pension payment or PPF periodic payment is disregarded1 where

1. the claimant was entitled to IB immediately before conversion to ESA and

2. IB was not reduced by a pension or PPF payment2 because
2.1 the claimant was entitled to DLA care component at the highest rate3 or
2.2 the claimant qualified for IB under the provisions for those incapacitated in youth because of previous entitlement to SDA4 or
2.3 the claimant was entitled to IB before 6.4.01 on any day of IfW in a PIW which began before and continues after that date5.

1 ESA (TP, HB & CTB)(EA)(No 2) Regs, Sch 1, para 11; ESA Regs, reg 75(1)(g); 2 C & B Act s 30DD(1); 3 SS (IB) Regs, reg 26; 4 reg 19; 5 WRP Act 99 (Commencement No 9 and Transitional and Savings Provisions) Order 2000, Art 3

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 months ago by Gordon.
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