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Old Style CB ESA & Private Pension
- EAPage
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2 years 3 months ago #274284 by EAPage
Old Style CB ESA & Private Pension was created by EAPage
I have recently been contacted by the DWP as I receive a private pension of over £85 a week, and have been told this may affect my ESA payments.
I was originally on IB over 20 years ago, which migrated to CB ESA in 2012.
I cannot find any information with specific reference to Old Style CB ESA, as a non means tested benefit, and this private pension policy. Everything I can find on this subject only mentions New Style ESA.
So my question is; will my (non means tested) old style CB ESA be affected by me receiving over £85 a week from a private pension. And if so, can someone point me to the original legislation, where this is stated.
I was originally on IB over 20 years ago, which migrated to CB ESA in 2012.
I cannot find any information with specific reference to Old Style CB ESA, as a non means tested benefit, and this private pension policy. Everything I can find on this subject only mentions New Style ESA.
So my question is; will my (non means tested) old style CB ESA be affected by me receiving over £85 a week from a private pension. And if so, can someone point me to the original legislation, where this is stated.
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- LL26
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2 years 3 months ago #274289 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Old Style CB ESA & Private Pension
Hi EAPage,
First question, were you on Incapacity Benefit before 2001. If so then there is a full disregard of any pension whether over or under £85 per week.
Otherwise, yes there is a disregard for occupational pension income whilst on Contribution based ESA - the disregard is up to £85 per week. Over £85, DWP will deduct half of the excess over the £85 limit. Thus if you get £105 this is £20 over the limit. Divide this by half so the deduction will be £10.
This is set out in regulation 67(1) ESA Regs 2013.
The amount if ESAcb is not affected by
by guaranteed income payments under the Armed Forces Compensation Schemes
Pension paid due to death of serviceman due to war or military service
Pension received due to death of the pension scheme member
Permanent health insurance payments if you paid more than 50% of the premium
There may be a total disregard if there is a shortfall in your pension scheme and the scheme can't pay out in full.
However if you are in receipt of a straightforward occupational pension then I suspect the exemptions won't apply.
The rules are the same for old and new style ESA.
Please let me know if the pre 2001 exemption applies. I can tell you the exact regulations so you can follow through all the amendments if you want to argue this. I have used this previously to wipe out a supposed overpayment where DWP didn't believe the 2001 exemption existed. Please let me know and I can go and find these.
I hope this helps.
LL26
First question, were you on Incapacity Benefit before 2001. If so then there is a full disregard of any pension whether over or under £85 per week.
Otherwise, yes there is a disregard for occupational pension income whilst on Contribution based ESA - the disregard is up to £85 per week. Over £85, DWP will deduct half of the excess over the £85 limit. Thus if you get £105 this is £20 over the limit. Divide this by half so the deduction will be £10.
This is set out in regulation 67(1) ESA Regs 2013.
The amount if ESAcb is not affected by
by guaranteed income payments under the Armed Forces Compensation Schemes
Pension paid due to death of serviceman due to war or military service
Pension received due to death of the pension scheme member
Permanent health insurance payments if you paid more than 50% of the premium
There may be a total disregard if there is a shortfall in your pension scheme and the scheme can't pay out in full.
However if you are in receipt of a straightforward occupational pension then I suspect the exemptions won't apply.
The rules are the same for old and new style ESA.
Please let me know if the pre 2001 exemption applies. I can tell you the exact regulations so you can follow through all the amendments if you want to argue this. I have used this previously to wipe out a supposed overpayment where DWP didn't believe the 2001 exemption existed. Please let me know and I can go and find these.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- just
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2 years 3 months ago #274296 by just
Replied by just on topic Old Style CB ESA & Private Pension
HI EAPage
As LL26 has said here is a link to the pre 2001 exemption rule.
I have been on IB since 1996 and recieve both Esa(C) and a War Pension(clased as a personal pension)
www.benefitsandwork.co.uk/forum/10-dla-e...ional-pension-on-esa
Good Luck.
As LL26 has said here is a link to the pre 2001 exemption rule.
I have been on IB since 1996 and recieve both Esa(C) and a War Pension(clased as a personal pension)
www.benefitsandwork.co.uk/forum/10-dla-e...ional-pension-on-esa
Good Luck.
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- EAPage
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2 years 3 months ago #274303 by EAPage
Replied by EAPage on topic Old Style CB ESA & Private Pension
I first started receiving IB in July 2000, and have received this continuously (having migrated to CB ESA in 2012).
I started to receive a taxable portion of an occupational pension since 1989, as well as as a non-taxable injury element.
Since last year, I have also started to draw down on a private pension.
Am I correct in assuming from your comprehensive answer, that any pension I may or not receive will now be totally disregarded because of when my IB started?
The DWP agent did mention the 2001 threshold, but needed to check if this disregard was relevant only to the occupational pension, and they were checking if this was also relevant to the private pension. I am awaiting their reply.
I started to receive a taxable portion of an occupational pension since 1989, as well as as a non-taxable injury element.
Since last year, I have also started to draw down on a private pension.
Am I correct in assuming from your comprehensive answer, that any pension I may or not receive will now be totally disregarded because of when my IB started?
The DWP agent did mention the 2001 threshold, but needed to check if this disregard was relevant only to the occupational pension, and they were checking if this was also relevant to the private pension. I am awaiting their reply.
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- Gordon
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2 years 3 months ago #274345 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Old Style CB ESA & Private Pension
EAPage
To be disregarded under ESA your pension(s) must have been disregarded under IB. To be clear, the DWP must have made a Decsion to disregard the pension under IB, their failing to deduct any money for it is not the same.
If your pension was disregarded under IB then be aware that record keeping by the DWP for IB claims was truly appalling so you should not be surprised if they come back to you with no knowledge of the pension, if this happens you may need to show evidence of when the pension went into payment.
Pensions that started payment since you started claiming ESA are not covered by the disregard and the normal deductions that LL26 detailed in their post will apply.
Gordon
To be disregarded under ESA your pension(s) must have been disregarded under IB. To be clear, the DWP must have made a Decsion to disregard the pension under IB, their failing to deduct any money for it is not the same.
If your pension was disregarded under IB then be aware that record keeping by the DWP for IB claims was truly appalling so you should not be surprised if they come back to you with no knowledge of the pension, if this happens you may need to show evidence of when the pension went into payment.
Pensions that started payment since you started claiming ESA are not covered by the disregard and the normal deductions that LL26 detailed in their post will apply.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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