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    • Pink veggie
    • By Pink veggie 10th Jun 17, 11:58 PM
    • 5Posts
    • 0Thanks
    Pink veggie
    ESA and disabiliy pension
    • #1
    • 10th Jun 17, 11:58 PM
    ESA and disabiliy pension 10th Jun 17 at 11:58 PM
    help please, i worked for 32 years but due to several illnesses have been ill health retired last year, I get high care/ mobility PIP, i was told to apply for ca esa, i did and after several months have been put into the support group but today got a letter to say they are stopping it as i did not send details of my disability pension My husband was taken into hospital and i dont need this stress, can anybody help?

    I was given a disability pension for life from my ex employer ( as i can never work again) and i told dwp this but now they say i needed to prove it, but when i was on the phone to DWP who told me i has ESA they told me i need to nothing further and they paid back payments, i have a letter to say that its a disability pension and copy wage slips but not sure why they even want this, I mean they can see what i get paid on their records so I am not stupid enough to lie! which i would not anyway

    very confused and stressed and thanks in advance for any help
    Last edited by Pink veggie; 11-06-2017 at 12:01 AM. Reason: spelling
Page 1
    • mad_spaniel
    • By mad_spaniel 11th Jun 17, 4:30 PM
    • 99 Posts
    • 67 Thanks
    mad_spaniel
    • #2
    • 11th Jun 17, 4:30 PM
    • #2
    • 11th Jun 17, 4:30 PM
    From my own experience, Contribution Based ESA is, I think, reduced by 50p in the £1 for every £ after £85. I'm sent an annual form to fill in when DWP think the pension might increase - in my case April. I'm not sure what you mean by CA ESA. I don't know about the rules for Income based ESA.
    • xylophone
    • By xylophone 11th Jun 17, 5:30 PM
    • 22,881 Posts
    • 13,243 Thanks
    xylophone
    • #3
    • 11th Jun 17, 5:30 PM
    • #3
    • 11th Jun 17, 5:30 PM
    https://www.disabilityrightsuk.org/employment-and-support-allowance-overview
    • Alice Holt
    • By Alice Holt 11th Jun 17, 5:59 PM
    • 1,380 Posts
    • 1,494 Thanks
    Alice Holt
    • #4
    • 11th Jun 17, 5:59 PM
    • #4
    • 11th Jun 17, 5:59 PM
    If you are in receipt of CB ESA, as mad spaniel says there is an £85/Week disregard for any Occupational / Private Pension payments. Thereafter it is reduced 50p per £1 of pension income.

    If you are in receipt of IB ESA, then the amount of the pension will be deducted £ for £ from your ESA.

    Did you inform the DWP of this pension by writing or by telephone?
    If by telephone, then go back to your telephone suppler - get a call list - identify the DWP number, date and time of the call you told them - and then ask DWP for a transcript of the telephone call.
    Did you complete an ESA1 form and include it on the form?
    If you did then you may be able to argue that it was an official error on the DWP's part and should not be repayable. If this is the case, then seek advice from your local CAB / advice agency.

    If you didn't tell them about the pension income it will be repayable, I'm afraid. You should be able to negotiate an affordable monthly repayment plan.

    Who advised you to claim ESA? Did you give them details of all your household income?
    Can you go back to them for help?
    Last edited by Alice Holt; 11-06-2017 at 6:03 PM.
    • Pink veggie
    • By Pink veggie 11th Jun 17, 6:12 PM
    • 5 Posts
    • 0 Thanks
    Pink veggie
    • #5
    • 11th Jun 17, 6:12 PM
    • #5
    • 11th Jun 17, 6:12 PM
    thank you, i have made them aware of the disability pension from the start, I was told to apply by local charity welfare rights officer, the pension i have is a disability pension nor a personal or occupational pension as i was giving it prior to the age of 50. thank you for the info, will phone tomorrow and hoping i wont have to repay as i can hardly afford to live now! they paid me arrears a week ago so not sure why they did not check it before paying money,
    • Alice Holt
    • By Alice Holt 11th Jun 17, 6:29 PM
    • 1,380 Posts
    • 1,494 Thanks
    Alice Holt
    • #6
    • 11th Jun 17, 6:29 PM
    • #6
    • 11th Jun 17, 6:29 PM
    Some more info on o/p here:
    https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/benefit-overpayments/
    https://www.turn2us.org.uk/Benefit-guides/Benefits-Overpayment/What-is-a-Benefit-Overpayment

    Good luck
    • Pink veggie
    • By Pink veggie 11th Jun 17, 6:36 PM
    • 5 Posts
    • 0 Thanks
    Pink veggie
    • #7
    • 11th Jun 17, 6:36 PM
    • #7
    • 11th Jun 17, 6:36 PM
    so you think i have been overpaid and they will claim it back? i have told them everything and I was interviewed by there sanction department due to claiming the wrong benefit, I did nothing wrong as i never financially was better off. Jeez now i am worried
    • TELLIT01
    • By TELLIT01 11th Jun 17, 8:03 PM
    • 3,874 Posts
    • 3,943 Thanks
    TELLIT01
    • #8
    • 11th Jun 17, 8:03 PM
    • #8
    • 11th Jun 17, 8:03 PM
    When you applied for ESA you would either have completed a form ESA1, or if you did the application over the phone you would have been sent a 'Customer statement' showing the answers you gave to all of the questions. If you declared the pension, and it shows on either the ESA1 or the Customer statement there shouldn't be a problem.
    • Pink veggie
    • By Pink veggie 11th Jun 17, 9:14 PM
    • 5 Posts
    • 0 Thanks
    Pink veggie
    • #9
    • 11th Jun 17, 9:14 PM
    • #9
    • 11th Jun 17, 9:14 PM
    thank you, yes I did put it down on there and when i met the man for the interview re wrong benefit was also aware of it, I thought as i was put into the support group then that was that but you never know i guess! I wish i could just go back to work as it was so much simpler than trying to navigate benefits that is for sure!
    • w06
    • By w06 11th Jun 17, 9:26 PM
    • 291 Posts
    • 408 Thanks
    w06
    how much is the pension?
    • xylophone
    • By xylophone 11th Jun 17, 9:26 PM
    • 22,881 Posts
    • 13,243 Thanks
    xylophone
    the pension i have is a disability pension nor a personal or occupational pension as i was giving it prior to the age of 50.
    A pension can be taken before age 50 on the grounds of ill health.

    You say that you were retired from your job because you were too ill to work - you are receiving an ill health pension from your previous employer?
    • Saversue
    • By Saversue 12th Jun 17, 1:06 AM
    • 1,655 Posts
    • 21,889 Thanks
    Saversue
    thank you, yes I did put it down on there and when i met the man for the interview re wrong benefit was also aware of it, I thought as i was put into the support group then that was that but you never know i guess! I wish i could just go back to work as it was so much simpler than trying to navigate benefits that is for sure!
    Originally posted by Pink veggie
    What do you mean by you claimed for the wrong benefit and were you actually receiving it? Further details might be useful.
    As others have said unless it is Income Based ESA due to no other source/very low income (and I very much doubt that if you get an Ill Health Pension), they will claw back money, which could leave you with nothing. How much is your pension, does your husband have an income, pension/benefits/do you have savings?
    The only exception is if you have continually received Incapacity Benefit and then ESA, without a break before the cut off date, which off the top of my head was round about 1997/98.
    Have you checked to see what was actually written on the application forms yet?
    • Saversue
    • By Saversue 15th Jun 17, 1:05 AM
    • 1,655 Posts
    • 21,889 Thanks
    Saversue
    Was just wondering why we haven't had a reply from you Pink veggie?

    People are willing to offer you support and advice with the correct details.
    I for one have received fantastic advice and information from this site when needed over the years.
    • Pink veggie
    • By Pink veggie 21st Jul 17, 8:32 PM
    • 5 Posts
    • 0 Thanks
    Pink veggie
    I am sorry i did not reply before but my husband was taken into hospital with heart and lung problem.I was overpaid and i am now paying the overpayment it back to the DWP, sorry for not thanking you before all for your help as it was very much needed but thanks to your replies I sorted it all out knowing what was what

    thanks again
    • Marciabaxter
    • By Marciabaxter 11th Sep 17, 9:52 AM
    • 3 Posts
    • 0 Thanks
    Marciabaxter
    My second time at posting and I understood the kind person that replied. I understand about cont's and non contributions etc.

    Feb 2017 I had to leave work.. I suffer with Crohn's disease & a rare form of collagenous colitis.

    I am 57 yrs old and the council agreed thru an independent occupational health advisor I could not return to such a stressful job there I was allowed my council pension. It's £46 per week. Since Feb I have been doing the odd factory job or shop work. Practically about 15 weeks worth of work. Obviously paying tax & NI.
    My Crohn's & colitis has flared up again so I now have a sick note and on Friday applied for ESA. .. I know if your pension is £85 or more per week you don't get full amount of ESA. Will this be the same for me as my only income is my £46 pension per week?? Any answers greatly appreciated and if possible the amount if any they will deduct from my ESA
    Many thanks x
    • Alice Holt
    • By Alice Holt 11th Sep 17, 10:09 AM
    • 1,380 Posts
    • 1,494 Thanks
    Alice Holt
    Marcia -
    If you are in receipt of Contribution Based ESA - then your ESA will not be reduced by a £46pw pension.
    If you receive Income Based ESA it will be reduced.
    • epitome
    • By epitome 11th Sep 17, 10:19 PM
    • 2,739 Posts
    • 1,716 Thanks
    epitome
    **I am replying to Pink Veggie** (who probably will not see my reply)

    You say your pension was declared at the time you made your claim?
    Did you claim by phone or on the form ESA1

    Some pensions are totally disregarded, yours might be one of the ones that should be disregarded. You should check up on this...I will also try to check for you. (I am looking at pensions for another MSE user on this board so I really should try and get the facts on this).


    Your latest reply #14 says you are now paying back an overpayment.

    If your pension was declared when the claim was first made then you do not have to pay back any overpayment.

    If claim made by phone
    , do you still have the Customer Statement letter?
    If not, first phone ESA line and ask what date was the phonecall made by you to make the new claim? and What is the I.D. Number. of the call recording? Then write a letter to ESA BC requesting an audio copy of that call. Then have that letter scanned and sent to ESA by your local Jobcentre.

    If claim made by ESA1, write letter as above asking for a copy of your ESA1 to be sent to you, scan letter from jobcentre.

    Also in your letter ask for copies of JSAPS screen JA510 from the start of your claim. And copies of contact history screen in CAM system.

    Report back here when you have the evidence. but if it is a long time from now, then PM me.
    Last edited by epitome; 11-09-2017 at 10:25 PM.
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