📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

ESA and Medical Retirement

13

Comments

  • sunnyone
    sunnyone Posts: 4,716 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Whetheer you pay tax or not is based on your total income and tax code, with the disregard of certain Benefits (IB claimed before 1992, DLA).

    Why do you think you shouldn't pay any tax if your income is above the tax threshold?

    its 1995 not 1992, thats when IVB became IB.
  • seven-day-weekend
    seven-day-weekend Posts: 36,755 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    sunnyone wrote: »
    its 1995 not 1992, thats when IVB became IB.

    Thanks for the correction.

    Actually, I don't know either what the justification is for reducing a (non-means-tested) Benefit if you have a Pension. It is not reduced if you have income from another source; you could have £1000s coming in in rent, or a partner who is a millionaire, or win the lottery, and still claim.

    Does anyone know the justification for this?
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • healy
    healy Posts: 5,292 Forumite
    Part of the Furniture 1,000 Posts
    jdturk wrote: »
    You are getting what you are entitled to in terms of a mean tested benefit. Why should you get the full amount if you have another income?

    The point is that contribution based IB/ESA is supposed to be a non-means tested benefit.
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    jdturk wrote: »
    You are getting what you are entitled to in terms of a mean tested benefit. Why should you get the full amount if you have another income?

    Why shouldn't I ?
    I have worked hard all of my working life - so why should I be penalised for this ?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    jdturk wrote: »
    You are getting what you are entitled to in terms of a mean tested benefit. Why should you get the full amount if you have another income?

    IB is NOT a means tested benefit, it is a contribution based benefit.

    However, if the IB claimant has also paid into a pension scheme which allows early retirement on the grounds of ill-health, then IB is reduced if the weekly ill-health retirement payment exceeds £85 a week.

    So, if on IB or contribution based ESA, you can have income from investments, savings, renting a house out etc ... and no deduction is made.

    But if you have diligently paid into a pension scheme or made provision through your employer for ill-health insurance (PHI) your benefits are reduced.

    Personally I don't think that is fair, but that is the law.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Hello,

    Which bit do you not think is fair?

    I don't think it is fair to penalise people by reducing a non-means-tested benefit for paying into a pension that pays out in the event of being unable to work in the event of illness or injury.

    I also suspect that many MP's do not understand how the system works - I remember listening to a house of commons debate some time ago about the reform of the benefits system and one MP gave an assurance that it was not intended that any reform would result in people such as injured soldiers or firefighters having their disability pensions reduced because they claim IB. He was completely taken aback to be informed that is, in effect, what ALREADY happens.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Sorry to drag this up again - but the £85 rule - is that gross or net - this could be important !!

    from
    Pension income rules

    If you receive contribution-based Employment and Support Allowance and have a gross pension income of more than £85 a week, the amount of benefit payable will be reduced by half of the excess.
  • NASA_2
    NASA_2 Posts: 5,571 Forumite
    Income Related is net amount and Contributory is Gross.
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I am on Contribution based ESA
    So if I bring in say £185 gross in a pension - (around £150 net) - per week - do they base my income as being £185 or £150 for the purposes of removing half of the amount above £85 from benefits ?

    ie)
    If £185 then this is £50 off my ESA
    If £150 - this is £32.50 off my ESA
  • 50Twuncle
    50Twuncle Posts: 10,763 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    healy wrote: »
    The point is that contribution based IB/ESA is supposed to be a non-means tested benefit.

    I agree with this - why should someone who has worked hard all their life and suddenly becomes unable to carry on - have to forgo what they have contributed to ?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.4K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.