Is ESA means tested ?.

froglegs wrote:

According to my advisor, it is stated in the SSAC Regulations from January 2010. Page 4, the 6th bullet point (apologies, I have this document downloaded onto my PC but cannot remember where I got it from so cannot provide a link until I find it) states:

We will bring forward IB rules on occupational/personal pensions into ESA on conversion to protect the income of those who otherwise would see a fall in their benefit

She says there has been nothing since this was published to say different, apologies if this is not true but she is usually very good.

The problem is that this was January 2010, since then we have new government. with a different agenda towards benefits and the actual legislation covering the transfer which was passed in October 2010.

I am afraid the document they are using is out of date.

Gordon

froglegs wrote:

just saw your post Gordon. Have you a link to the October 2010 legislation, somewhere I can read it myself and show to my advisor? Many thanks.

The original ESA Regulations (2008) are on this website.

www.legislation.gov.uk/uksi/2008/794/contents/made

The Transitional Regulations (2010) are on this one.

www.legislation.gov.uk/uksi/2010/1907/contents/made

I believe that the Regulation that covers pension deduction is Paragraph 74. I can't see anything in the Transitional Regs that modify this.

Gordon