CB-ESA and My Ill Health Occupational Pension

Hi, Thanks for a very helpful site!

I am receiving letters from DWP requesting information relating to a pending rise in the amount of pension I receive from my past employer. Letter in March and now one today 10-06-2015.

I did some digging around and came across the passage included at the end of this post, I have been receiving IB since being found unfit to work in 1996/7.

I wrote back to DWP quoting the passage from the Decision Makers Guide asking if this applies to me, had they made a mistake etc? But all I have received is the same documentation asking for details of my pension provider and the amount of increase. I think that they are looking for some way to dock my ESA.

Am I correct in thinking that as I have been claiming since before 06/04/2001 as mentioned in the text, my pension payments should not affect the amount of ESA I receive??

I have written back to them asking to reply in writing to my original query on 15th March, giving them 14-21 days to reply but I am unsure as to whether the passage I quoted applies to me. Your advice would be gratefully received as the stress and worry about having my ESA cut is making me ill.

Thank you very much. Paul.

Passage from Decision Makers Guide........

Pensions prior to conversion

45465 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 date5

1 ESA (TP, HB & CTB)(EA)(No 2) Regs, Sch 1, para 11; ESA Regs, reg 75(1)(g); 2 C & B Act s 30DD(1); 3 SS (IB) Regs, reg 26; 4 reg 19; 5 WRP Act 99 (Commencement No 9 and Transitional and Savings Provisions) Order 2000, Art 3

Hi and Welcome to Benefits and Work I'm glad you are finding the site useful

As I understand it, you are correct, as long as your pension was disregarded under IB. However, getting DWP to understand anything out of the ordinary can often be challenging!

Will my pension be disregarded under ESA?

I would suggest 2 things -
Firstly, phone DWP and ask for a call back from a supervisor as these people are usually more knowledgeable than some others.

Secondly, you might like to get your MP involved.

Contacting your MP

Thank you very much for your advice guys, greatly appreciated.

Regards

Paul.

Rabinos wrote: Thank you very much for your advice guys, greatly appreciated.

Regards

Paul.

I'm interested in this topic too, Paul and would appreciate it if you could keep us updated here as to how you get on.

From my research on this people are having to do battle with DWP to get their pensions disregarded because the staff are not familiar with the protection given for old claimants of IB prior to 2001.

It seems that you do have the correct Decision Maker Guide references. Did you quote this in your correspondence to them?

Millhouse wrote:

Rabinos wrote: Thank you very much for your advice guys, greatly appreciated.

Regards

Paul.

I'm interested in this topic too, Paul and would appreciate it if you could keep us updated here as to how you get on.

From my research on this people are having to do battle with DWP to get their pensions disregarded because the staff are not familiar with the protection given for old claimants of IB prior to 2001.

It seems that you do have the correct Decision Maker Guide references. Did you quote this in your correspondence to them?

Hi Mh,

I believe that The DM Guide that Rabinos is referring to and quoting extracts from is : DMG Vol 8 Ch 45: Advance awards of ESA(IR), transitional issues and migration.

From 45465 onwards under the heading : Pensions prior to conversion

It can be accessed from : This Page.

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