ESA Support Group/ Occupational pension?

Bykerlass

Can anyone advise me as the whether an occupational pension is taken into account when someone is in the CB support Group of ESA and is also in receipt of DLA HRM & HRC?

Many thanks

Bykerlass

Bykerlass wrote: »

Can anyone advise me as the whether an occupational pension is taken into account when someone is in the CB support Group of ESA and is also in receipt of DLA HRM & HRC?

Many thanks

Anyone please?

Cpt.Scarlet

The normal rule is that the first £85/w is disregarded and then there is a £1/w deduction for every £2/w of pension in excess of the £85/w

If you were transferred from another benefit to ESA and your pension was previously disregarded then it should continue to be under ESA, under the Transitional Protection rules, as long as the ESA(CB) claim remains uninterrupted.

zzzLazyDaisy

Your current status should be protected as you are transferring from IB and meet the requirements for OP to be disregarded.



This is from Focus on disability:-In relation to IB and ESA.


If you have a personal pension

For new claims, half of your occupational or personal pension(s) above £85 is to be deducted from your incapacity benefit. For example, if you have a weekly occupational pension of £95 then your incapacity benefit will be reduced by £5 a week. It is intended that permanent health insurance payments arranged through your employer will also be taken into account after your employment has ended.
The government has said you will be exempt if:
You already get incapacity benefit at the time the rules change - see below;
Your claim links back to an earlier incapacity benefit award that ended before the rules changed (contact the Benefits Agency to learn about the special linking rules for work and training;
You get disability living allowance higher rate care component;
The pension payments are in connection with the death of a member of the scheme.

Bykerlass

Thank you both for your advice.

It is not a transfer from IB but a claim for ESA since 2009. My OH is in the support group CB. He is in receipt of DLA HRM and HRC and has been for a number of years. I find it a minefield trying to find clear info regarding this issue.

Am I right in believing that his occupational pension will be taken into account despite being on DLA HRC and HRM because he did not begin claiming ESA until 2009?

zzzLazyDaisy

Bykerlass wrote: »

Am I right in believing that his occupational pension will be taken into account despite being on DLA HRC and HRM because he did not begin claiming ESA until 2009?

Yes, sorry those are the rules under ESA.

The exemption only applies to people transferring from IB who qualified for protection under the old rules.

Bykerlass

zzzLazyDaisy wrote: »

Yes, sorry those are the rules under ESA.

The exemption only applies to people transferring from IB who qualified for protection under the old rules.

Thank you for taking the time to answer my query, it is much appreciated.