Reduced occupational pension on ESA

Hi
I have just been transferred from IB to ESA and have been placed in the support group. I have received IB Prior to 2001 and have not had my occupational pension into account. Will it be taken into account now? I am finding information confusing. DWP have stated on my documentation that they are not taken any income out but I Wonder if they have overlooked my pension. Any advice welcome!
Cal

Carole Lilley wrote: Hi
I have just been transferred from IB to ESA and have been placed in the support group. I have received IB Prior to 2001 and have not had my occupational pension into account. Will it be taken into account now? I am finding information confusing. DWP have stated on my documentation that they are not taken any income out but I Wonder if they have overlooked my pension. Any advice welcome!
Cal

HI CL,

I was just looking back at your previous topic : Here.

Congratulations on your successful transfer to ESA in The SG !

If your Occupational Pension (OP) was disregarded whilst in receipt of IB prior to transfer to ESA, then it should also be disregarded after transfer as you are covered under transitional protection regulations !

See : Will my pension be disregarded under ESA?

From our : IB, IS, SDA, Migration to ESA FAQ’s

This scenario is covered @ Paragraph 45465 of The Decision Makers Guide Volume 8. Chapter 45.

See this extract :

"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 disregarded where :

1. the claimant was entitled to IB immediately before conversion to ESA

and

2. IB was not reduced by a pension or PPF payment because

2.1 the claimant was entitled to DLA care component at the highest rate

or

2.2 the claimant qualified for IB under the provisions for those incapacitated in youth because of previous entitlement to SDA

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."


This will be why they have not made any deductions from your Contribution Based (CB) ESA in The SG.

As an aside, if you now have your SG Award Decision notice letter, you may find : This Post interesting.

bro58

They didn't look at your income because they already know that you are exempt because you were exempt for the "means testing" when they introduced the rules about deducting IB with regards occupational pensions.

That said at some point in the future they may ask you about income and that it when you will quote the above regulations if they try to impose deductions on you, so I suggest that you bookmark the above post.. Not everyone in the DWP understands these rules because they are old rules regarding IB going back to 2001 rather than new ESA rules.

Question for the mods - Does the transitional protection end date of 2020 apply here too and would that mean that after that date everyone will be on ESA rules and rates regardless on when their incapacity started?