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pension income rules

  • Kilmunlady
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10 years 9 months ago - 10 years 9 months ago #104984 by Kilmunlady
pension income rules was created by Kilmunlady
Can you advise if as stated in your faq on transfer from IB to ESA pension rules still applies i.e. if on incapacity before 2001 and transferred to esa occupational pension will not be taken into account. Cannot find any evidence of this on DWP site and web search throws up conflicting answers.

thank you
Last edit: 10 years 9 months ago by .

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10 years 9 months ago #104987 by
Replied by on topic pension income rules

Kilmunlady wrote: Can you advise if as stated in your faq on transfer from IB to ESA pension rules still applies i.e. if on incapacity before 2001 and transferred to esa occupational pension will not be taken into account. Cannot find any evidence of this on DWP site and web search throws up conflicting answers.

thank you


Hi Kl,

If your OP was previously exempt as you mention, when in receipt of IB, it will also be exempt when successfully transferred to ESA.

It is covered under the "Transitional Protection" rules.

www.dwp.gov.uk/docs/ib-reassessment-transitional.pdf

bro58

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10 years 9 months ago - 10 years 9 months ago #105037 by william88
Replied by william88 on topic pension income rules
Hi Is there a link that specifically relates to occupational pension and transitional regulation IB to ESA
sorry if I have missed it.
Thanks
m
Last edit: 10 years 9 months ago by Gordon.

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10 years 9 months ago #105049 by Gordon
Replied by Gordon on topic pension income rules

misterm wrote: Hi Is there a link that specifically relates to occupational pension and transitional regulation IB to ESA
sorry if I have missed it.
Thanks
m


Not in any form that is usable, the ESA Transitional Regulations 2010 that enabled the transfer to ESA, refer to the original Incapacity Benefit legislation (and others), and the numerous amendments made to it.

To give you some idea of the complexity, it took me three days to work my way through it to figure out what was going on two years ago.

It may help if you could explain why you need a more detailed reference?

Gordon

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

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10 years 9 months ago - 10 years 9 months ago #105051 by
Replied by on topic pension income rules

Gordon wrote:

misterm wrote: Hi Is there a link that specifically relates to occupational pension and transitional regulation IB to ESA
sorry if I have missed it.
Thanks
m


Not in any form that is usable, the ESA Transitional Regulations 2010 that enabled the transfer to ESA, refer to the original Incapacity Benefit legislation (and others), and the numerous amendments made to it.

To give you some idea of the complexity, it took me three days to work my way through it to figure out what was going on two years ago.

It may help if you could explain why you need a more detailed reference?

Gordon


Yes G,

I started looking earlier today, and gave up very quickly, for the very reasons that you state. :laugh:

Suffice to say, it is covered under "Transitional Protection"

bro58
Last edit: 10 years 9 months ago by .

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10 years 9 months ago - 10 years 9 months ago #105059 by william88
Replied by william88 on topic pension income rules
Hi Gordon & bro 58
Thanks
Reason for asking-Thought topic may come up at forthcoming jc+ compliance interview.Other forums had reported IB to ESA issues with jc+ historical contect of occ/pensions-customers being put through hoops to confirm historical status.
Came up with some quotes from other forums on topic-don't really think it takes us much further ??

s prior to conversion
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 date

Vol 8 Amendment 7 February 2011

Pension income rules
If you who make a new non-linking claim to Incapacity Benefit and have a gross pension income of more than £85 a week, the amount of benefit payable will be reduced by half of the excess.
The excess is the difference between £85 and the actual pension income. For example, for a pension income of £100, the excess is £15. The amount of Incapacity Benefit payable is reduced by half of that, which is £7.50.
Exceptions
This rule does not apply if:
• you were in receipt of Incapacity Benefit prior to 6 April 2001
• your claim is made under the linking rules for Incapacity Benefit and links back to before 6 April 2001
• you receive the highest rate of the care component of Disability Living Allowance

• Will my pension b ension disregarded as income.
• If this is the case for you, then your pension income will also be disregarded with regard to ESA(CB) on the assumption that you are successfully transferred to ESA and you maintain your claim.
• The disregard forms part of the Transitional Protection available to claimants being transferred, and will last while the claimant remains entitled to ESA(CB) or until April 2020.
• e disregarded under ESA?
Some Incapacity Benefit claimants, but not all, will have had any occupational disregarded.
Last edit: 10 years 9 months ago by Gordon.

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