ESA Migration

luvtv

Can anyone help me with the definitive answer to this question???

I have been in receipt of Incapacity Benefit for the last six years I also receive an occupational pension which is exempt from the £85 rule because I receive DLA at the highest rate

I just this morning received a letter from the DWP to say I am being migrated to ESA and to look out for ESA50

Do the rules which apply to my Incapacity Benefit which exempt me from the £85 rule get carried over to ESA?

If my ESA was forfeit would I still receive credit for NI? Though I think I have paid enough years to qualify for the full Old Age Pension

Just wondering if anyone could point me to the answer to this query?

Thanks and obliged

salau2

Firstly you need to apply for a State Pension Forecast this can be done online at the direct.gov website. This will inform you of how your State Pension entitlement looks at the moment and whether any more years NI are needed. Regarding ESA – where people who are eligible for ESA receive more on existing incapacity benefits than the appropriate ESA rate, their existing rate of benefit will be frozen at the point of conversion as per the Governments IB migration paper. Moreover, the paper goes on to state that the rules relating to occupational pensions which apply to incapacity benefit will also apply to ESA, where claimants are converted. So in your case where your occupational pension is not taken into account because you receive higher rate DLA care component, will continue to be ignored for ESA purposes.

luvtv

Magic thanks

Ihearttv


:rudolf:

rogerblack

Isn't it only ignored for a transition period, not forever?

salau2

Indeed the government stated that transitional protection will not extend beyond April 2020 however, that is currently under reconsideration.

rogerblack

Can you point to the paper you refer to?

jonliv

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

You will find the answer to your query in Paragraph 113/114

The answer is yes your pension will be disregarded from the £85 rule as it also applies to ESA As long are in receipt of high rate DLA or your claim started before 2001

Mind you when you are migrated to ESA and if you are placed in the ESA(C)WRAG group you may well lose it after you have received ESA for a year Your pension WILL be taken into account as income for the ESA(IR)WRAG group

This will not be the case if you are placed in the Support Group

salau2

jonliv wrote: »

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

You will find the answer to your query in Paragraph 113/114

The answer is yes your pension will be disregarded from the £85 rule as it also applies to ESA As long are in receipt of high rate DLA or your claim started before 2001

Mind you when you are migrated to ESA and if you are placed in the ESA(C)WRAG group you may well lose it after you have received ESA for a year Your pension WILL be taken into account as income for the ESA(IR)WRAG group

This will not be the case if you are placed in the Support Group

Not just the Pension but all Income as per ESA-IR regs. Will result in zero benefit for so many ESA-C and old IB claimants.

rogerblack

All income of the claimant, or their partner.

luvtv

So my pension is disregarded for ESA as it was with IB

I lose ESA after a year if I am placed in WRAG but keep it if I am in Support Group

My IB under the £85 rule would have been Zero because of my pension

Have I got this right ?

Ihearttv

much obliged

salau2

Yes, occ pension should remain disregarded until:

1. you are no longer in ESA-C (if you are transferred into ESA-IR) or
2. April 2012.

That is how things stand now but keep an eye out for updates.

Regards