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New Style ESA - Contribution based - Occupational/Personal Pension ??

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2 years 5 months ago #273039 by Hardie
New Style ESA is an contribution based ESA
Flat rate benefit based on NI contributions paid over the previous 2 years (No income and savings test for contributory ESA)
However occupational or personal pension is taken into account and ESA award reduced.
(Can do permitted work and earn up to £152 per week)

My question is this -
If contribution based on NI contributions
No income or savings test
Pension is income - so why is pension taken into account?
Why is pension income different from general income and savings?
Is this not classed as discriminatory?

Thank you
The following user(s) said Thank You: pusscatsmum

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2 years 5 months ago #273066 by Gary
Hi Hardie

The first thing I would say is that you cannot claim CB ESA and State pension.

If you receive Contribution Based ESA only then a lump sum payment will not affect your ESA although further ones might, if you take a regular payment then there is an £85/week disregard followed by £1/week deduction for every £2 in excess of the £85.

If you receive Income Related ESA in part or in whole then any lump sum will be treated as capital, see the following

assets.publishing.service.gov.uk/governm.../1073454/dmgch52.pdf

Any regular income will be deducted from your ESA(IR) £ for £.

Gary

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

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