ESA & Pension!!!

Just_About_60

@Morglyn,


Thank you for your reply. We have never ever claimed any income related benefits and we own our home. My husband will have a lump sum from his pension which we will have to eek out until he gets his state retirement pension.


His pension income alone (without the lump sum) would mean we would never qualify for any income related state benefits.


At the moment the amount of money I pay for care exceeds what I get hence the possibility of him retiring to look after me.


I realise now that I should probably have started a new thread and I apologise for hi-jacking this one!

celinepatricia

McKneff wrote: »

Not sure what you mean by this in bold. You cant cash a pension in that you are already receiving.[/QUOTE
What I mean is if he could get whatever pension is left in his pension pot as a lump sum (seeing as he is terminally ill) we could then pay off the mortgage left on the house.

celinepatricia

pmlindyloo wrote: »

Please find his original award letter and tell us what it says.

And please tell us if the Job Centre know you are working.

I have spoken to the job centre this morning and told them I work but my husband doesn't claim anything for me.


I will find the original award letter but the DWP told me this morning that he is on contributory ESA so surely they cant swap him from one to the other just so they can take virtually all his pension???

bloolagoon

celinepatricia wrote: »

McKneff wrote: »

Not sure what you mean by this in bold. You cant cash a pension in that you are already receiving.[/QUOTE
What I mean is if he could get whatever pension is left in his pension pot as a lump sum (seeing as he is terminally ill) we could then pay off the mortgage left on the house.

They don't normally do this, why did you not opt for a lump sum under critical illness at the time?

If the options weren't explained then you may (don't know) have a case but its not normal to do so AFAIK.

celinepatricia

we thought that we would take a pension now seeing as he cannot work and I am only working part time. we thought that taking a pension would enable us to at least have a bit of money to spend and the rest was to be a pension payable to me when my husband is no longer with us. If ESA are going to take all his pension we would rather just get the pension pot and pay the house off.

Chorlie

Like others have stated; you need to find the award letter from the DWP to confirm (in writing) if he's on Income or Cont. Based ESA.

The rules for the two are very different as you're finding out, as are the rules for Support and WRAG. So without that letter you (and those trying to help) are going round and round with lots of ifs & buts....

Also you need to read all (including the small print) of the pension rules / details, because you could be left with nothing at the end of the day, but again there are lots of different pensions with there own rules. Some pay out a lump sum if you die within a certain period, some will have a widows element (%) and others it will just end. So it will depend what you've signed upto, but once its in payment it can't normally be changed.....

mikey_bach

seems to be going around in circles..

Whilst on the phone this morning OP did you ask why you haven't been paid since 6th December..?

If your husband is on ESA conts Support group the pension will not effect his claim.

If he was on ESA \R then it would be taken into account pound for pound, so what pension he gets would be deducted off his ESA IR by the exact same amount.

He can't be on ESA IR as you work 30 hrs and they know about this

They cant just swap him over from Conts to IR, he is in the support group.

Why where you worried about compliance have they visited iro of the pension ??

I think to be honest you need to ring again Monday bypass the nice young man in the contact center and ask for a call back off the section.
You will then get to the bottom of all of this hopefully

celinepatricia

where on the paperwork does it actually say if you are contribution or income based?

Indie_Kid

celinepatricia wrote: »

where on the paperwork does it actually say if you are contribution or income based?

There's normally 2 (or is it 3?) pages to the ESA award letter. It first of all states the group (if apllicable) and then goes on to state the award and how this was worked out. IE, on the letters I have, it says my award is income based and then goes on to explain this was worked out due to a lack of NI contributions.

The last page has the amounts on.

celinepatricia

It says how ESA has been worked out
The payment of esa is based on your ni contribution records and any additional amount the law says you need to live on. we call this contributory based and income related employment and support allowance.


your living expenses
extra money because of disability income guarantee
extra money because you are in the support group
which gives a total esa amount of


income & benefits
no income will be takes of your esa allowance