esa and state pension

rbcsoftware

Hi all, ihope this is the right place.for advice as im at my wits end.
This is about my parents situation.
My dad gets esa support group, and a premium for his wife (my mum doh).
My dad atm does not qualify for state pension, but my mum does.
The simple question I have is this,
"Does my dads esa claim get shutdown, or does my mums state pension amount get deducted from my dads esa?"

I spoke to one advisor today who said the claim for esa would stop.
I rang back and explained exactly the same and he advised (and double checked with a colleague) that whatever my mum gets would be deducted off of the esa claim.

Ie if dad gets 100 pw, and Mom state pension is 50pw then dads esa would be reduced to 50pw.

I cant seem to find an answer that fits the situation. Ive found answers in relation to private pensions and esa but not my query.

Thanks in advance

Torry_Quine

Is Dad's ESA contribution or income based?

rbcsoftware

Not sure. Could you advise for both IR and Contribution based.
In assuming its income related as apparently income based is for couples ???

Torry_Quine

He could though be on contribution with an income based top up for mum. If that is the case then his ESA will continue and her top-up will end and she will get her pension instead.

If his claim is completely income based then the amount deemed for a couple will fully take it into account so he would loose any over that when added to her pension. So if the amount for a couple was £200 and her pension was £150 then he could keep £50 of ESA.

Hope tat makes sense.

rbcsoftware

Torry_Quine wrote: »

He could though be on contribution with an income based top up for mum. If that is the case then his ESA will continue and her top-up will end and she will get her pension instead.

If his claim is completely income based then the amount deemed for a couple will fully take it into account so he would loose any over that when added to her pension. So if the amount for a couple was £200 and her pension was £150 then he could keep £50 of ESA.

Hope tat makes sense.

Thank you, the more I think about it, when I was shown the confirmation letter im sure it was contribution based with income based topup for mum l, ultimately the claim is treated as Income based. Its all so confusing lol

And just to clarify this is the ruling for state pension not private, occupational or works pension, as I need the information for state pension only.

Torry_Quine

rbcsoftware wrote: »

Thank you, the more I think about it, when I was shown the confirmation letter im sure it was contribution based with income based topup for mum l, ultimately the claim is treated as Income based. Its all so confusing lol

And just to clarify this is the ruling for state pension not private, occupational or works pension, as I need the information for state pension only.

I was answering for state pension but if his ESA is contribution based then it wouldn't matter how much pension she got from any source.

Was he working up to claiming ESA and had paid NI contributions in the previous two years they would consider, if yes then it would in all likelihood be contribution based.

rbcsoftware

Torry_Quine wrote: »

I was answering for state pension but if his ESA is contribution based then it wouldn't matter how much pension she got from any source.

Was he working up to claiming ESA and had paid NI contributions in the previous two years they would consider, if yes then it would in all likelihood be contribution based.

Not sure, he's been on IB since 80s then migrated onto esa about 5ish years ago.
But like I say, I'm sure the letter I saw was contribution based, with extra amount for mum which then they closed claim as income based.
In worried for them as without me reasrching things online theyre are limited as they are not good on the phone to speak to advisors.
I just hope that whatever is awarded to mum, that it doesnt shutdown dads esa claim, as I thought that you cant have esa and state pension no matter how small the SP is.

TELLIT01

If he's migrated from IB then there is definitely an element of Contribution based benefit. Worst case scenario is that your mother's pension will nil any Income Related entitlement. Your mother's state pension will definitely not lead to your dad's ESA claim being shut down.

Torry_Quine

rbcsoftware wrote: »

Not sure, he's been on IB since 80s then migrated onto esa about 5ish years ago.
But like I say, I'm sure the letter I saw was contribution based, with extra amount for mum which then they closed claim as income based.
In worried for them as without me reasrching things online theyre are limited as they are not good on the phone to speak to advisors.
I just hope that whatever is awarded to mum, that it doesnt shutdown dads esa claim, as I thought that you cant have esa and state pension no matter how small the SP is.

If he was previously on IB then it will be contribution based so his should continue.

rbcsoftware

Thank you everyone. Appreciate all your help.
Just goes to show, the first agent I spoke to on the phone this morning didnt know anything.

Thanks again guys

TELLIT01

rbcsoftware wrote: »

Thank you everyone. Appreciate all your help.
Just goes to show, the first agent I spoke to on the phone this morning didnt know anything.

Thanks again guys

When you called you will have been speaking to somebody in the Contact Centre initially. Their knowledge of individual benefits will be limited in most instances. Only after getting past the CC, and being contacted by claim processing staff from ESA, will you be speaking to somebody with more in-depth knowledge. Even then the level of knowledge can vary massively. Some staff will have worked on ESA since it began about 7 years ago, others will have either been moved to ESA or could be new 'apprentice' recruits. It's very much pot luck with who you get.