ESA and Occupational Pension ...

jonliv

Hiya I am in receipt of ESA(C) Support group and I have an occupational pension which is disregarded because I was transferred from IB and I was in receipt of highest rate DLA care

Does anyone know that as I have now been placed on PIP Enhanced Care will my pension still be disregarded ?

thanks

Jono

pmlindyloo

jonliv wrote: »

Hiya I am in receipt of ESA(C) Support group and I have an occupational pension which is disregarded because I was transferred from IB and I was in receipt of highest rate DLA care

Does anyone know that as I have now been placed on PIP Enhanced Care will my pension still be disregarded ?

thanks

Jono

Is high rate care DLA the only reason you receive transitional protection or were you awarded IB before 2001?

If you were awarded the transitional protection (including the disregard of your occupational pension) only because of the DLA then I have no answer for you, sorry. There does not appear to be anything about this in the regulations (willing to be corrected!)

Best guess is that the PIP Enhanced Daily Living would substitute for the DLA.

If they continue to give you transitional protection (i.e your 'top up') then they should continue the disregard for your occupational pension. Again no information about this that I can find.

If they stop your transitional protection and/or your disregard for your pension then the best I can suggest is that you ask under which legislation they are doing this.

Please let us now what happens as it may help others.

pmlindyloo

This is the best information that I can find:

5465 Certain pension payments or PPF periodic payments, described at DMG 44716 et seq, do not fall to be deducted from ESA(Cont). In addition any pension payment or PPF periodic payment is disregarded1 where

1. the claimant was entitled to IB immediately before conversion to ESA and
2. IB was not reduced by a pension or PPF payment2 because
2.1 the claimant was entitled to DLA care component at the highest rate3 or
2.2 the claimant qualified for IB under the provisions for those incapacitated in youth because of previous entitlement to SDA4 or
2.3 the claimant was entitled to IB before 6.4.01 on any day of IfW in a PIW which began before and continues after that date

Vol 8 Amendment 7 February 2011

Pension income rules
If you who make a new non-linking claim to Incapacity Benefit and have a gross pension income of more than £85 a week, the amount of benefit payable will be reduced by half of the excess.
The excess is the difference between £85 and the actual pension income. For example, for a pension income of £100, the excess is £15. The amount of Incapacity Benefit payable is reduced by half of that, which is £7.50.
Exceptions
This rule does not apply if:
!!!8226; you were in receipt of Incapacity Benefit prior to 6 April 2001
!!!8226; your claim is made under the linking rules for Incapacity Benefit and links back to before 6 April 2001
!!!8226; you receive the highest rate of the care component of Disability Living Allowance

!!!8226; Will my pension b ension disregarded as income.
!!!8226; If this is the case for you, then your pension income will also be disregarded with regard to ESA(CB) on the assumption that you are successfully transferred to ESA and you maintain your claim.
!!!8226; The disregard forms part of the Transitional Protection available to claimants being transferred, and will last while the claimant remains entitled to ESA(CB) or until April 2020.

Note the bolded part which seems to suggest that the disregard forms part of the Transitional Protection and will continue to be disregarded as long as claimant is entitled to ESA (CB) or until April 2020.

Nothing about change of circumstances. Logically, if it's silent about change of circumstances then they don't count!

jonliv

Oh thanks for all the help

Yes My pension has been disregarded under DMG 45465 I receive DLA care at highest rate when I was moved to ESA

I will soon find out as DWP have just been sent by me advice that my pension is increasing on April 9th by 3%

I will be pretty mad if I lose all of my ESA by dint of being changed to PIP

I will take your advice about questioning by what regulation they are taking it

BTW I was unaware I would lose it anyway in April 2020 thanks for that info ..... at least I will be prepared for that .....
SPA is in Apr 2021

my pension is @£320 per week so that will wipe out my ESA

Thanks Jono

#backto60
#waspi