ESA and Occupational Pension

jonliv

I cannot find this information anywhere

At the moment I am on Incapacity Benefit and DLA high care so my occupational Pension(180pw after tax) is ignored

I have been reassessed for ESA and have been advised I am placed in the ESA Support Group from mid October

Does anyone know if this continues to be the case ie My occupational Pension is ignored I still receive DLA high care???

I have worked it out with the £85 pw rule and if they take half the excess off My Housing Benefit will rise by the same amount so It seems a bit silly
I receive £62 per week HB but if they take half the excess over £85pw I will get £109 per week HB

Jono

Chorlie

From: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_171896


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.

The excess is the difference between £85 and the actual pension income. For example, for a pension income of £100, the excess is £15. The amount of Employment and Support Allowance payable is reduced by half of that, which is £7.50.

If you receive income-related Employment and Support Allowance, any pension income you have will be taken into account, regardless of the amount.

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Whether there is a different rule for this moving from IB I don't know, but I haven't heard of one. I'm guessing you're on Income Based ESA, if so the whole of your pension will be taken into account and not the amount over £85,

Cpt.Scarlet

If your pension was disregarded under IB then it will continue to be under ESA if you are successfully transferred, this is part of the Transitional Protection for IB/IS/SDA claimants being moved to ESA.

NASA_2

Cpt.Scarlet wrote: »

If your pension was disregarded under IB then it will continue to be under ESA if you are successfully transferred, this is part of the Transitional Protection for IB/IS/SDA claimants being moved to ESA.

This is correct.

I'll just add that transition protection exists for the duration of your current claim, subject to the normal entitlement conditions, and any subsequent linking claims.

If however you move off benefit for any other reason other than returning to work/training then transitional protection ceases and ESA starts again at the assessment phase rate.

jonliv

Yes I did have this protection under Incapacity Benefit by dint of being on DLA high care and now after filling out the ESA50 the DM has written to say I am to receive Contribution based ESA Support Group from mid October

I was unsure if same rules applied

Thanks everyone for your help

Jono

mistiforme

Here is something I was just reading Look at paragraph 113/114 I think that answers you question

Good luck

Misti

http://www.official-documents.gov.uk/document/other/9780108509087/9780108509087.pdf