Migration from IB to Contributory ESA

Can you please confirm, or not, an applicable rule when migrating from IB to Contributory ESA.

I migrated in June 2013 and was placed in the ESA Support Group.

At the time, the letter stated; 'no-one migrating from their existing benefit to ESA will see a reduction in the level of their benefit entitlement at the point of change'

I also seem to remember that those on Incapacity Benefit, and were on the highest rate care component of disability living allowance, would continue to have any occupational pension fully disregarded on transfer to contributory ESA. I have something in my notes, written at the time, about reference to: 'Vol 8 Amendment 7 February 2011', but don't remember to what this refers.

Is it actually the case that those who migrated and were on Higher rate DLA continued to have pension payments disregarded?

The reason I ask is that I've just received a letter from ESA asking for information on any increase in my pension payments. I would have thought this is irrelevant if the migratory rule was applicable. If it is irrelevant the ESA have made a mistake in sending out this letter and I wonder how many others are receiving one? Could the ESA be incorrectly trying to reduce contributory ESA awarded payments?

PS I do know that new ESA (Contributory and Income based) do have any personal/occupational pension income taken into consideration with 50 per cent of any occupational pension over £85 a week deducted from their entitlement.

I would appreciate comments as soon as is practicable because I only have a further 10 days to respond to the letter.

Many thanks, John

Thanks for the reply Gordon.

Yes, my pension was disregarded under IB before migration in 2013, and has been (I assume) under ESA, until this week receiving the letter requesting the current uplift in pension payment. I've never been asked before and wonder why now.
Do you think they have made a mistake, or are they trying to surreptitiously reduce my ESA payments?

Hi Gordon,

No, I've not contacted the DWP yet, I was too anxious, but I'm feeling much more confident now. I'll probably make contact with them tomorrow.

Cheers

Hi Gordon,

I've spoken to ESA.

First I spoke with an advisor who insisted that I had to return the form in order to update their records, even if the pension was disregarded.

I asked to speak to a manager and was told I would receive a call back within 3 hours.
To be fair, I received the manager's call back 40 minutes later.

I again explained that my pension is (CB)ESA disregarded from when my IB migrated in 2013 due to me being on high rate care DLA at time of migration. The manager looked through the records and agreed that the request letter should NOT have been sent out. The manager said that she would remove request from my claim and that there was no need to return the form.

The manager did say however that the same might occur next year, but if it did asked me to phone up and that if the advisor insisted on me returning the requested information, to ask to speak to a manager who will be able to sort out straight away.

One final thing. I didn't inform JC+ of said pension, but the reference they gave was for the tax district of my pension provider. This can mean only one thing; that is the Tax Office informed JC+. The problem then seems to manifest in these ESA pension request letters being sent out.

I have noticed (and heard locally) on this Board, that others are receiving these 'pension request letters' and that they are causing a lot of worry and angst to a very vulnerable group of people. Is it possible for you, and Benefits and Work, to publicise this aspect so that it might ease the concerns of possibly very many people.