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10 years 10 months ago - 10 years 10 months ago #105338 by Colin
ESA IR and Pensions was created by Colin
Received notification today that I have been awarded ESA (Contributory) this was without any face to face medical assessment.
I have trawled through the forum in search of an answer to a query I have...
Because I was receiving Invalidity allowance (1994) and then went on to Incapacity benefit the occupational pensions I receive were disregarded and I realise they still are due to the transitional regulations. My question is - after 365 days I would be entitled to ESA (Income related) - would my pensions still be disregarded? Or is it then a whole new ball game?
Also, I'm somewhat confused with this paragraph in the letter from DWP regarding WFI ...
'You may be required to attend a work-focused health-related assessment with a health care professional. During this time you will be asked how you feel your illness or disability is stopping you working and what help you need to start work in the future.'
Does that mean an ATOS assessment? Confused!
Appreciate any explanations. Thanks.
Last edit: 10 years 10 months ago by bro58.

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  • bro58
10 years 10 months ago #105342 by bro58
Replied by bro58 on topic ESA IR and Pensions

Colin wrote: Received notification today that I have been awarded ESA (Contributory) this was without any face to face medical assessment.
I have trawled through the forum in search of an answer to a query I have...
Because I was receiving Invalidity allowance (1994) and then went on to Incapacity benefit the occupational pensions I receive were disregarded and I realise they still are due to the transitional regulations. My question is - after 365 days I would be entitled to ESA (Income related) - would my pensions still be disregarded? Or is it then a whole new ball game?
Also, I'm somewhat confused with this paragraph in the letter from DWP regarding WFI ...
'You may be required to attend a work-focused health-related assessment with a health care professional. During this time you will be asked how you feel your illness or disability is stopping you working and what help you need to start work in the future.'
Does that mean an ATOS assessment? Confused!
Appreciate any explanations. Thanks.


Hi C,

As you rightly state, if your OP was previously disregarded before being successfully transferred to ESA, then it will be after transfer.

See :

Will my pension be disregarded under ESA?

However, if you were also Tax Exempt before, no such exemption is carried over to ESA.

See :

My IB was tax exempt; will it still be under ESA?

From our : IB, IS, SDA, Migration to ESA FAQ’s

If you have to be financially assessed for IR ESA, which is generally done by filling in an ESA3 Form, then any OP will be classed as income. If your income takes you over the threshold of what you are allowed pertaining to your personal circumstances, then you will not receive any IR ESA.

See :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

Sample ESA 3 Form

Here is an online : Benefits Calculator , which may give you some idea whether you may be entitled to IR ESA.

"'You may be required to attend a work-focused health-related assessment"

WFHRA's have been suspended, and there are no current plans to reinstate them.

However, you would have to comply with :

Work Focused Interviews

&

Work Programme

Where applicable.

See also : Changes to ESA Sanctions

&

12 Month Limit for ESA(CB)

bro58

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