Awarded 15 points at tribunal

Hi, I received my letter from the tribunal and i was awarded 15 points and put in the wrag. This will end in August this year under the 365 day rule. I have been receiving my occupational pension from former employer since 1996 and have always paid tax on it. After the 365 day rule, will the occupational pension transitional protection prior 2001? My husband is in receipt of his state pension, so if I am correct this would be taken into consideration along with any savings.
Thanks

sandra wrote: Hi, I received my letter from the tribunal and i was awarded 15 points and put in the wrag. This will end in August this year under the 365 day rule. I have been receiving my occupational pension from former employer since 1996 and have always paid tax on it. After the 365 day rule, will the occupational pension transitional protection prior 2001? My husband is in receipt of his state pension, so if I am correct this would be taken into consideration along with any savings.
Thanks

Hi S,

You are correct, as the WRAG award will be backdated to the time of the fit for work decision, circa August 2012, then payment of CB ESA will cease circa August 2013.

When being assessed financially to see whether you are entitled to IR ESA, all household income, (Except DLA) including any Occupational Pension payments, and partners wages will be taken into account.

You would probably have to fill in an ESA3 Form : Sample ESA 3 Form

See also :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If you are not entitled to IR ESA because you can not pass the means test, I am afraid that unless you can gain access to The SG as a result of a supersession/review, or some future reassessment, the only other way that you would again be entitled to CB ESA would be to gain the necessary NI Contributions from employment.

bro58

Many thanks, Does this mean that I wont be covered by this transistional protection for transfer from incapacity to ESA, because I had my occupational pension before 2001.

sandra wrote: Many thanks, Does this mean that I wont be covered by this transistional protection for transfer from incapacity to ESA, because I had my occupational pension before 2001.

Hi S,

See :

Will my pension be disregarded under ESA?

What will I be paid?

Yes, you will be covered under Transitional Protection, whilst you are still entitled to payment of CB ESA (365 Days), but once that ceases in August 2013, your OP will be classed as income with respect to the "Means Test" for IR ESA.

I feel that I should also redraw your attention to MHB's post here :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=97258#100523

If you wish to speed up any payment of WRA Component arrears that may be owed to you from August 2012, you could send a copy of The Tribunal's Decision Notice to The Benefits Office dealing with your ESA claim.

bro58