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Pension income disregard disregarded
- jonboy46
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8 years 8 months ago #138978 by jonboy46
Pension income disregard disregarded was created by jonboy46
Hi
I recently received a letter from the DWP saying due to “a change in money coming in” my contributory ESA Support Group is to be reduced with effect from 8 April 2014. I phoned them up and the answer was that someone had recently noticed I was getting pension income. It was their mistake, they had written off the amount they had wrongly paid, and the next payment would be at the reduced rate.
Some background details:
Contributory IB awarded with effect from 10 January 2001, migrated to ESA
1 year’s WRAG contributory ESA from 16 October 2012 to 15 October 2013
Lodged appeal 2 March 2013 - Won appeal 21 3 2014 to be put in support group
However appeal not in right form, should have appealed against two decisions not one, (this was your advice:
www.benefitsandwork.co.uk/forum?view=top...=102270&limitstart=0 )
After the appeal and before any arrears was paid I told the DWP I was receiving a pension.
Received arrears in full by Nov 2014
I was going to write to ask for a mandatory reconsideration, as outlined in the DWP letter, saying something like - I should still be covered by the pension disregard rules in the IB/ESA transition protections, break in payment, not a break in entitlement, and anyway why the date of 8 April 2014.
Question is though I am really worried that if I complain that they will get nasty, and try to recover the ESA, that they say has been paid wrongly, since 8.4.14 or even since 16.10.13
Could they do that legally, and is it something they do in practice?
Am not sure what to do.
I recently received a letter from the DWP saying due to “a change in money coming in” my contributory ESA Support Group is to be reduced with effect from 8 April 2014. I phoned them up and the answer was that someone had recently noticed I was getting pension income. It was their mistake, they had written off the amount they had wrongly paid, and the next payment would be at the reduced rate.
Some background details:
Contributory IB awarded with effect from 10 January 2001, migrated to ESA
1 year’s WRAG contributory ESA from 16 October 2012 to 15 October 2013
Lodged appeal 2 March 2013 - Won appeal 21 3 2014 to be put in support group
However appeal not in right form, should have appealed against two decisions not one, (this was your advice:
www.benefitsandwork.co.uk/forum?view=top...=102270&limitstart=0 )
After the appeal and before any arrears was paid I told the DWP I was receiving a pension.
Received arrears in full by Nov 2014
I was going to write to ask for a mandatory reconsideration, as outlined in the DWP letter, saying something like - I should still be covered by the pension disregard rules in the IB/ESA transition protections, break in payment, not a break in entitlement, and anyway why the date of 8 April 2014.
Question is though I am really worried that if I complain that they will get nasty, and try to recover the ESA, that they say has been paid wrongly, since 8.4.14 or even since 16.10.13
Could they do that legally, and is it something they do in practice?
Am not sure what to do.
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- Gordon
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8 years 8 months ago #138983 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pension income disregard disregarded
Jonboy
IF you are currently receiving Contribution Based ESA then this can only be because your ESA claim has been continuous since you were on IB, or if there were breaks, they short enough that the claims linked.
In either case, providing your pension was disregarded under IB, then it should be under ESA.
The ESA Transitional Regulations were written before the time limit on ESA(CB) was introduced and have not been amended to take account of it, the Welfare Reform Bill which introduced the time limit, makes no reference to the Transitional rules.
In other words, there is no legislation that removes the right to the disregard providing the claimant remains entitled to ESA(CB), which must have been If there were any periods when you were paid ESA(IR) only, then these would not be covered by the disregard.
I would write to the DWP and ask them for a legislative reference in regard to their removing the disregard and then depending on their response you can challenge it.
We have had several members in similar, although not exactly the same circumstances who have had to argue their entitlement to the disregard, as far as I am aware, all of them have been successful.
Gordon
IF you are currently receiving Contribution Based ESA then this can only be because your ESA claim has been continuous since you were on IB, or if there were breaks, they short enough that the claims linked.
In either case, providing your pension was disregarded under IB, then it should be under ESA.
The ESA Transitional Regulations were written before the time limit on ESA(CB) was introduced and have not been amended to take account of it, the Welfare Reform Bill which introduced the time limit, makes no reference to the Transitional rules.
In other words, there is no legislation that removes the right to the disregard providing the claimant remains entitled to ESA(CB), which must have been If there were any periods when you were paid ESA(IR) only, then these would not be covered by the disregard.
I would write to the DWP and ask them for a legislative reference in regard to their removing the disregard and then depending on their response you can challenge it.
We have had several members in similar, although not exactly the same circumstances who have had to argue their entitlement to the disregard, as far as I am aware, all of them have been successful.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- jonboy46
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8 years 8 months ago #138988 by jonboy46
Replied by jonboy46 on topic Pension income disregard disregarded
Many thanks, will give it a go
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