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Transitional Protection and the new provisions?

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5 years 4 months ago #222586 by RedAries
I wonder if anyone can help me on this one, please. I have read and re read the provisions that have been added to “The Welfare Reform and Pensions Act 1999 (Commencement No 9 and Transitional and Savings Provisions) Order 2000 Art 3; 2SS (IB) Regs, reg 5A” and frankly I am at a loss to understand what changes and/or amendments have actually been made/added to the original document “Transitional Protection” 56155 which clearly states “Pension payments do not reduce benefit where a person is entitled to IB before 6.4.01” Is there anyone who knows if these new amendments change the fact that if I received IB prior to 06/05/01 my personal pension is protected under the transitional protection part no 56155? My claim for IB started on 24/05/96 after I suffered an Industrial Injury at work. Any help or advice would be greatfully appreciated. Thank you.

I have received a letter, together with a form to complete and returned to them by 22/12/18. The form is ESA3 (IBR) 06/18 Employment and Support Allowance. In the letter, which came with the form, it clearly states that “We need to look at your claim to decide if you might also be eligible for income related ESS from 22 December 2012.” This makes it sound so positive and in the recipients favour! However after spending some considerable time looking at the form it became obvious that the only thing they are interested in is finding out exactly how much money you are receiving and how much money you have actually got! I know that I am not eligible for any extra payments and therefore do not deem it necessary for me to complete the form, but what will happen if I write to them informing them of this fact will they still insist that I complete the form?

I believe that the reason I have received this form is because my Personal Pension started on the day of my 60th Birthday (12/04/18) and they now want to establish whether or not they can take “half your pension income over £85.00 per week before tax”. I have looked into this and know that I do not receive enough money to fall under this criteria! So once again wonder why I need to complete the form, do I?

Thank you in advance for taking the time to read my post. Any and all information and/or advise and support will be greatfully received.

Jane

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5 years 4 months ago #222605 by Gordon
Jane

It's nothing to do with your pension, see the following

www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=125222

be aware that whilst your pension may be disregarded in regard your ESA(CB) this is not the case for any ESA(IR) that you might be entitled to.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: RedAries

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5 years 4 months ago #222629 by RedAries
I have looked at the link of which you were kind enough to furnish me with and am relieved it is not as I thought it might be.
I am however having trouble finding anywhere within the form ESA3(IBR) 06/18 where I am able to tick a box to say that I do not wish to make a claim for any extra payments and then return the form uncompleted, as suggested in the link you gave me! Are you able to point me in the right direction for this, please Gordon?

I know you have said that this form has nothing to do with my pensions. However the form does ask for details of pensions and I was concerned that I would have to go through, for the third time in the past few years, having to show that I am not eligible as I fall under the umbrella of the “Transitional Protection”?

I am so unwell at the moment and I am just not able to cope with yet again more forms, more questions and even more anxiety about! To be frank I am also too scared to fill in the form just in case there is even a small chance that they will take some money from us rather than tell us we are entitled to more, as we are only just able to keep our heads above water as it is!

I apologise if I have been a bit short, but I am in despair and so anxious.

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5 years 4 months ago #222642 by Gordon
Jane

I am told that there is a separate sheet with the tickboxes on but if there isn;t then just write a short letter explaining why you are not making a claim and send it with the form back to the required address.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: RedAries

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