ESA and Occ Pension again...

Byatt

I understood that if a person received an OP and ESA that it was not reduced if in receipt prior to 2001. I have since spoken to job centre plus and have been told that all OccP's are taken into account now irrespective of time scale. That new legislation has changed.

Can anyone point me to the legislation. It's not that I dont' trust what I've been told., well I know people's knowledge in the centres are patchy, but would like to read up on it. :cool:

Cpt.Scarlet

ESA has never had a complete disregard for an OP, you may be confusing this with IB and the Transitional Protection for IB claimants being transferred to ESA which allows them to carry over the disregard.

Byatt

Cpt.Scarlet wrote: »

ESA has never had a complete disregard for an OP, you may be confusing this with IB and the Transitional Protection for IB claimants being transferred to ESA which allows them to carry over the disregard.

yes, you are right, that's what I meant.

I have been told new legislation no longer allows the disregard and it's back dated (the legislation that is), as advised by the job centre.

Cpt.Scarlet

They're talking rubbish as usual. If the pension was disregarded under IB then it will continue to be when the claimant is transferred to ESA(CB). As long as they remain eligible for ESA(CB), bearing in mind the 365 day limit for members of the WRAG, the pension will continue to be disregarded.

Byatt

Thanks for your quick reply. I did suspect they were wrong, especially when I asked to be directed to said legislation and they couldn't. Sigh.

I'll put it in writing now, may get a better (correct) response.

fluffyboots

Sorry having problems opening a new thread. I have a new ( 3 months) occupational pension from BT and a new claim to contributions based ESA which has been reduced in accordance with my gross pension of £108 pw. I now have a letter from HMRC to say they are reducing my pension by nearly £100 pm due to my ESA having been taking into my consideration on my allowances. I top of that I cant seem to claim anything for mortgage as far as I can see or rates ( am in NI) as I have savings. Can anyone advise please? I am currently awaiting assessment for the 13 week stage of ESA to go on the higher rate of £115 pw..