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ESA and Occ Pensions exemptions
- cpowtr
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6 years 4 months ago #201835 by cpowtr
ESA and Occ Pensions exemptions was created by cpowtr
Hi, my wife was awarded DLA Higher rate care back in July 2007 and shortly afterwards IB (Long term) converted to ESA in 2014. In September 2007 she was awarded an ill health retirement pension. I am aware that all pensions are disregarded and paid in full because of her entitlement to DLA HRC (see lawcentreni.org website), however, can anyone identify where this very small print rule exists in the DM's guide?
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- Gordon
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6 years 4 months ago #201854 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and Occ Pensions exemptions
Ed
There is no disregard for pensions under ESA unless the pension was disregarded under IB and there has been no interruption in the Transitional Protection.
The pension not being deducted under IB does not mean that it was disregarded, record keeping under IB was appalling and many pensions were not processed by the DWP. You will need to show that you notified the DWP of the pension in 2007 and that the DWP disregarded it in regard her IB.
If you can do this then there should be no argument that it should continue to be disregarded under ESA.
Gordon
There is no disregard for pensions under ESA unless the pension was disregarded under IB and there has been no interruption in the Transitional Protection.
The pension not being deducted under IB does not mean that it was disregarded, record keeping under IB was appalling and many pensions were not processed by the DWP. You will need to show that you notified the DWP of the pension in 2007 and that the DWP disregarded it in regard her IB.
If you can do this then there should be no argument that it should continue to be disregarded under ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- lild
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6 years 4 months ago #201856 by lild
Replied by lild on topic ESA and Occ Pensions exemptions
Hi what is pension disregard? I've not heard of this.
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- Gordon
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6 years 4 months ago - 6 years 4 months ago #201875 by Gordon
Some pensions under IB were disregarded, if this was the case then the disregard should be carried forward to ESA when the claimant is/was converted.
There is no disregard for pensions under ESA except for this.
Gordon
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Replied by Gordon on topic ESA and Occ Pensions exemptions
lild wrote: Hi what is pension disregard? I've not heard of this.
Some pensions under IB were disregarded, if this was the case then the disregard should be carried forward to ESA when the claimant is/was converted.
There is no disregard for pensions under ESA except for this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 4 months ago by Gordon.
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- cpowtr
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6 years 4 months ago #201890 by cpowtr
Replied by cpowtr on topic ESA and Occ Pensions Lump Sum exemptions
Thankyou Gordon, one further question if I may. She also received a lump sum compensation when she left her employment. Am I correct in saying that lump sums are not taken into account when transferred to from IB to ESA. If so, do you have a Decision Maker Guide reference?
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6 years 4 months ago #201903 by Gordon
There is no such disregard, however, if your wife is only receiving Contribution Based ESA then any savings and assets that you have as a couple will not effect her ESA(CB) payments.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and Occ Pensions Lump Sum exemptions
Ed wrote: Thankyou Gordon, one further question if I may. She also received a lump sum compensation when she left her employment. Am I correct in saying that lump sums are not taken into account when transferred to from IB to ESA. If so, do you have a Decision Maker Guide reference?
There is no such disregard, however, if your wife is only receiving Contribution Based ESA then any savings and assets that you have as a couple will not effect her ESA(CB) payments.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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