ESA and private pension

bspm

Mark4321 wrote: »

Hi all ,

I have contacted DWP today and asked them to be called by FEPS but they have not responded yet.
BSPM : did you have and problems with your Ill Health Retirement Pension and ESA Contribution based ?

No, none at all.

epitome

xylophone wrote: »

Teacher
https://forums.moneysavingexpert.com/discussion/5631061
post 5
LGPS
http://www.youreable.com/forums/showthread.php/11199-works-pension-and-ESA
i had a letter couple days ago from my LGPS pension scheme confirming that my ill health tier 1 has been confirmed
Weekly pension payments being
highest £184 gross pw minus ESA ..50% of everything over £85 = £49.50 that could be taken from my ESA
lowest £126 gross pw minus ESA ..50% of everything over £85 = £21.00 that could be taken from my ESA

When I said ....

hmmm . I really do wonder if DWP are getting these disregards wrong by giving them when they should not...

and

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.

What I meant was

hmmm . I really do wonder if some DWP staff are getting these disregards wrong by giving them when they should not...

and

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

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

To clarify ...
I regularly see Ill Health pensions disregarded, this is not the same thing as me saying that on all esa conts claims, ill health pensions are disregarded....I could not possibly know if that is the case or not. When you see a disregard, you take note of it, on other cases where no disregard is noted, you do not notice it.


Your linked examples above say very little, the first guy in post #5 seems just to have accepted what he has been told, he does not say if he told them specifically that it was an ill health pension and does not say if he challenged them to disregard it.

The second example has not even claimed her pension yet and has had no DWP decision and is only speculationg what she thinks she will get after the £85 rule.

It would be good if you can find an example of someone who has challenged the DWP to ask them why it has not been disregarded.


Please believe me when I say

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

Until I find the exact reason why some DWP staff disregard such pensions and whether or not they are correct to do so.... I will assume that they are wrong... I cannot do any better than that.

P.S. Please see post #50

Perhaps bspm will be writing a letter to DWP asking them to get a Senior Decision Maker to check the pension is being disregarded correcly and what point of law the DWP are using to make the decision..........but somehow, I doubt bspm will do that.
.
.
.

epitome

Mark4321 wrote: »

I understand they record calls but I made my aplication by filling the paper form which then was send to them . In this form in part 9 ( about pension ) I have informed them about my pension and wonder if they still keep it in their records?

They generally keep all forms sent in, however that does not rule out that it could have been lost. However, your award record will show that they have known about your pension from the start of the claim and that it has been disregarded in full since the start of your claim.....nothing to worry about here.

Mark4321 wrote: »

Hi all ,

I have contacted DWP today and asked them to be called by FEPS but they have not responded yet.
BSPM : did you have and problems with your Ill Health Retirement Pension and ESA Contribution based ?

Why did you not call SPPA ? and ask the questions I suggested?

Your call from FEPS will be within 24 hours...make sure you ask them these exact words....

"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?"




Questions for SPPA or SPPC or whatever they are called.

Do you know if this ill health pension is considered to be a Permanent Health Insurance Scheme?

Mark4321

Epitome ,
I have contacted SPPA and asked them question you suggested but they have not replied yet. I will also ask FEPS question you posted for sure.
And you need to know that DWP doesn't have any of my correspondence so I am glad that I still keep scans of all documents which prove my words. When spoken to the man from DWP this morning and tried to explain my case he immediatelly replied I shouldn't receive my benfit because of my ill pension and they will invastigate this from very beginning.

epitome

Mark4321 wrote: »

Epitome ,
When spoken to the man from DWP this morning and tried to explain my case he immediatelly replied I shouldn't receive my benfit because of my ill pension and they will invastigate this from very beginning.

This guy does not know what he is talking about, he is not a decision maker and is only guessing....even if the pension at the start was taken into account, they would only deduct £33 from your benefit.

Mark4321

Epitome ,
Yes, I realised there is no point to discuss my case with him and because I was getting more stressed out asked for a call from FEPS as you advised. To me , if they disregarded my ill pension in 2014 they should do it now too, unless rules changed.

xylophone

https://forums.moneysavingexpert.com/discussion/2498939

Discussion may be of interest.

KxMx

That discussion is 7 years old, so any rules then may not apply now.

xylophone

That discussion is 7 years old, so any rules then may not apply now.

Being able to read dates, I had noticed that.....I assume that other posters have a similar ability.

And all I had said was that the discussion "might be of interest....."

Mark4321

OK guys let's cool down , we all here to help each other , I hope .
I had a call from FEPS and : believe or not but they confirmed, that they don't hold any of my forms I sent them and my extra income was not disregarded either so now I have to prove they , not me ,made a mistake. I am really glad I made a scan of any form I was sending to them. So advice to all : MAKE YOUR OWN COPIES . Still have not received any clarification from my insurer so this is the point where I am now.