ESA and private pension

xylophone

But from following your link, they have put it in the same section as the ill health pension,

Yes - the whole page deals with IHP (tier 1 and 2) - I think that the OP has an occupational pension paid before NRA on grounds of ill health.

Mark4321

What means NRA ? Sorry but I am totaly confused with this you are posting . Could you advise what I need to do tomorrow and what to tell when I call DWP ?

xylophone

NRA = Normal Retirement Age.

Presumably age 60?

http://www.sppa.gov.uk/index.php?option=com_content&view=article&id=471%3Aill-or-injury&catid=29&Itemid=96

You will need to ring the DWP to discuss your situation.

Mark4321

Yes my retirement age is 60 as far as I know . Obviously I will contact DWP tomorrow but after reading all posts I am not sure who is right. I just want to be treated in fair way and since I got their letter can't sleep because of stress. If they decide I shouldn't receive ESA anymore this will have serious impact on my personal life. It would be much better for me to know from very beginning (3 years ago) that because of my ill pension I can't get any money from DWP. Either way they have made mistake now or in the past and all consequences will have to be beared by me.

epitome

Mark4321 wrote: »

Could you advise what I need to do tomorrow and what to tell when I call DWP ?

From previous posts: Please bear in mind that as the thread progressed we became aware of more and more information...so things were tweaked a little bit.


On Monday phone ESA and ask for a call back from FEPS
When you speak to them tell them it is an "ill health pension"

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Does it say anything like "Permanent Health Insurance"

If not, phone up the provider and ask them before phoning the DWP.

Also find out what were the total premiums that were paid each month, and how much of each premium was paid by you / paid by your employer.

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OP needs to find out what is Pension and what is Insurance, and the portion of the premium he paid. (all of it is probably classed as "ill Health Pension")

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You should ask the SPPA if it would fall under "Permanent Health Insurance"


When you phone ESA ask if there are any notes on your record -when your claim started- about your pension being fully disregarded as an "ill health pension".


And remember to ask for a call back from FEPS.

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If I was you, I would first phone SPPA and ask the above questions of them.


I would then phone DWP ESA and first of all ask if there are any notes from the start of your claim that say your pension income has been disregarded for ill health pension, if they say yes, ask them to read it to you.
If they say "No" ask them to look in your ESA Conts award screen (screen JA523 press F8)and tell you if it says Pension £0.00 and Total £109.65
Also ask them to look in Screen JA761, put a 'Y' in Pensions and see what it amounts it says your pension is.


If they have recorded a pension amount in JA761 of say for example £150


And in JA523 your award shows Pension £0.00


That means they are disregarding your pension.


However things may not be as simple as this, for one thing the person you speak to may not know how to find and interpret the information I am talking about. And for another the FEPS team may have changed what was there before.

After discussing the above with DWP-ESA...ask for a call back from FEPS. (pronounced "feps" just like it is written) They should call you within 24 hours

When you speak to them (don't mention anything about the 50% of premium) ...I would just ask them.....

"My pension is an ill health pension from NHS, it was declared by me at my new claim application, it was £150 gross per week and I understand that it was disregarded in full on my ESA Conts claim from the start of the claim. Yes it did increase to £450 gross per week, and I forgot to tell you........ but I need to ask you ... Why is it no longer being disregarded in full?"


We don't know who is right yet, because you have not asked SPPA.


We also don't know -if we think it should not be disregarded-.. Whether DWP ESA realise that it should not be disregarded......and if they will just continue to disregard it in error as they have been at the start of your claim.


If you do not want the DWP to disregard it in error, then write a letter to them asking for a Senior Decision Maker to look at your pension and decide if it should be disregarded or not.
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epitome

Mark4321 wrote: »

Either way they have made mistake now or in the past and all consequences will have to be beared by me.

This is not true...


From a previous post.....


Don't worry either

A) FEPS are correct and you are wrong, You will have to pay back any ESA from the date of increase to the date on which FEPS became aware of the increase, but not after this date, after this date it will be official error. You will also have a £50 fine.

You are right FEPS is wrong...... and your ESA will soon be put back to £109.65 a week (£219.30 a fortnight)
.
.

Mark4321

Thank you very much all for your advice .

xylophone

What does seem clear is that the OP was a member of the NHS Defined Benefit Occupational Pension Scheme and paid his pension contributions in the normal way.

His contributions entitled him to an occupational pension.

He would have been entitled to draw his occupational pension at his normal scheme pension age or earlier with actuarial reduction.

He became ill and was able to take his occupational retirement pension early on account of this.

http://www.sppa.gov.uk/index.php?option=com_content&view=article&id=473%3Aill-or-injury&catid=29&Itemid=96

Initially he was awarded a Tier 1 retirement pension.

For lower-tier retirement your pension will be awarded based on all your accrued service with no reduction

but his condition deteriorated and he was awarded Tier 2


With upper tier retirement, you would receive your lower tier benefits plus an enhancement of up to 2/3rds of your prospective service to normal pension age (pro-rata for part-time workers).

It would seem that since 2014 he has been in receipt of an occupational retirement pension so that the £85 rule should have applied then and should apply now?

epitome

xylophone,

On the face of it I agree with you that it all should be on the £85 rule then and now.

But I know that on ESA claims "NHS ill health pensions" are regularly disregarded....

This either means that DWP are doing it wrong
or
That we are missing some guidance on the subject.

xylophone

https://www.out-law.com/topics/pensions/general-pensions/paying-ill-health-benefits-through-an-occupational-pension-scheme/

https://www.disabilityrightsuk.org/employment-and-support-allowance-overview

If you receive an occupational or personal pension that pays more than £85 a week, your contributory ESA will be reduced by half of the amount over this limit.

The OP is not receiving PHI but an occupational pension.