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8 years 10 months ago #136512 by JenJJ
Replied by JenJJ on topic ESA support group witdrawn

Izzy1010 wrote: The same thing happened to me. I sent a letter giving details of occupational Ill Health pension back in 1997 when i started to receive it. In 2012 i was contacted by the DWP to be told that I had been overpaid because of the occupational pension in the sum of £6,900. I appealed as I had sent the letter and still had it on an old computer which I no longer use. I set the computer back up. retrieved a copy with the date that it was created from my computer system but they still wouldnt accept it. They are taking the repayment back from my esa at the rate of approx £170.00 a month



Does this mean that you were on Incapacity Benefit back in 1997?

When Incapacity Benefit became means tested (deducted for those receiving pension income) anyone receiving it prior to 6 April 2001 was protected and therefore not subject to means testing. (After that, claimants were asked for and had to declare other income.)

Anyone under this protection who moves onto ESA into the support group maintains that protection, I think it is until 2020.

The DWP are not very familiar with this rule and someone posted here the other day that they had to get their MP involved, see this thread

www.benefitsandwork.co.uk/forum?view=top...=10&id=104447#136135

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8 years 10 months ago #136519 by slugsta
Replied by slugsta on topic ESA support group witdrawn
Thanks for that advice Milhouse. I have just approved a post from Izzy that corrects the starting date of the ESA to 2007.

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8 years 10 months ago #136525 by JenJJ
Replied by JenJJ on topic ESA support group witdrawn

Mrs Hurtyback wrote: Thanks for that advice Milhouse. I have just approved a post from Izzy that corrects the starting date of the ESA to 2007.


Ah, ok. In that case what I said does not apply as IB was means tested in 2007.


So please ignore my previous post, Izzy as it is not relevant to you. I do find it worrying that you declared income in 2007, they failed to take note of it and now are claiming back the money off you....but then I do find a lot of what DWP do to be of concern, unfortunately.

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8 years 10 months ago - 8 years 10 months ago #136538 by slugsta
Replied by slugsta on topic ESA support group witdrawn
Hi Millhouse, Izzy might not be able to use your information but I approved the post as it could be very helpful for someone else. Thanks for taking the time :)

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Last edit: 8 years 10 months ago by slugsta.

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8 years 10 months ago #136540 by Spaceman
Replied by Spaceman on topic ESA support group witdrawn
This is interesting to me as I was on IB since 1996 I think and was moved to ESA a couple of years ago. I've recently submitted an ESA IR application as I was only getting CB and they've now awarded me IR as well but made deductions in respect of my modest pension, so do I understand correctly that they shouldn't be doing this until 2020 and that I should write to the DWP to point this out?

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8 years 10 months ago #136545 by Gordon
Replied by Gordon on topic ESA support group witdrawn
DJ

If you qualify for the disregard of your pension then it would only be in relation to any ESA(CB) that was in payment, the rules for ESA(IR) are different and there is no disregard.

Gordon

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The following user(s) said Thank You: Spaceman

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