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Works pension and ESA
- Lenny
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3 days 17 hours ago #299325 by Lenny
Works pension and ESA was created by Lenny
Hi I've just been told that my works pension is being changed from final salary pension which I've paid for 30 to a new with profits scheme which I'm actually worried about. I've been given till the 28 th of this month before it happens.
I'm currently on group income protection with my employer and claim ESA contributions based.
I've read that if I got incapacity before 2001 that I wouldn't lose or have a reduction in my benefits if I have a pension income. . I've not seen or know if this is the only deciding factor? Did I had to have claim pension before 2001 as well as my incapacity.. or will the no deduction still happen if I claim pension now.
I was on incapacity before 2001 but pension starting possibly soon.
I need to know because this will make my decision easier on wether to take my pension now
Help
I'm currently on group income protection with my employer and claim ESA contributions based.
I've read that if I got incapacity before 2001 that I wouldn't lose or have a reduction in my benefits if I have a pension income. . I've not seen or know if this is the only deciding factor? Did I had to have claim pension before 2001 as well as my incapacity.. or will the no deduction still happen if I claim pension now.
I was on incapacity before 2001 but pension starting possibly soon.
I need to know because this will make my decision easier on wether to take my pension now
Help
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- David
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3 days 7 hours ago #299337 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Works pension and ESA
Hi Lenny
I have not any experience in this issue but reading the regulations as your pension was not in payment for the move from Incap to ESA I cannot see you being allowed the Transitional Protection for the pension.
Here are the regs--
Pensions 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 disregarded (1) where
1. the claimant was entitled to IB immediately before conversion to ESA and
2. IB was not reduced by a pension or PPF payment (2) because
2.1 the claimant was entitled to DLA care component at the highest rate (3) or
2.2 the claimant qualified for IB under the provisions for those incapacitated in youth because of previous entitlement to SDA (4) 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 (5).
1 ESA (TP, HB & CTB)(EA)(No 2) Regs, Sch 1, para 11; ESA Regs, reg 75(1)(g);
2 C & B Act s 30DD(1);
3 SS (IB) Regs, reg 26;
4 reg 19;
5 WRP Act 99 (Commencement No 9 and Transitional and Savings Provisions) Order 2000, Art 3
David
I have not any experience in this issue but reading the regulations as your pension was not in payment for the move from Incap to ESA I cannot see you being allowed the Transitional Protection for the pension.
Here are the regs--
Pensions 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 disregarded (1) where
1. the claimant was entitled to IB immediately before conversion to ESA and
2. IB was not reduced by a pension or PPF payment (2) because
2.1 the claimant was entitled to DLA care component at the highest rate (3) or
2.2 the claimant qualified for IB under the provisions for those incapacitated in youth because of previous entitlement to SDA (4) 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 (5).
1 ESA (TP, HB & CTB)(EA)(No 2) Regs, Sch 1, para 11; ESA Regs, reg 75(1)(g);
2 C & B Act s 30DD(1);
3 SS (IB) Regs, reg 26;
4 reg 19;
5 WRP Act 99 (Commencement No 9 and Transitional and Savings Provisions) Order 2000, Art 3
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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