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8 years 9 months ago #138363 by maurice537
ESA was created by maurice537
I receive a war pension and receive a navy pension because of a medical discharge non are taxable I also receive contribution base ESA are these taken in to account on the amount I receive will my mesa be reduce

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8 years 9 months ago - 8 years 9 months ago #138368 by Gordon
Replied by Gordon on topic ESA

maurice537 wrote: I receive a war pension and receive a navy pension because of a medical discharge non are taxable I also receive contribution base ESA are these taken in to account on the amount I receive will my mesa be reduce

maurice537 wrote: I receive a war pension and receive a navy pension because of a medical discharge non are taxable I also receive contribution base ESA are these taken in to account on the amount I receive will my mesa be reduce


I've had a look through the Decision Makers guide that covers how ESA operates and I cannot find anything that suggests that these pensions should not be treated in the same way as a normal pension, there are disregards for some of the income for ESA(IR) but there are no entries for ESA(CB), this being the case then there is an £85/week disregard followed by a £1/week deduction for every extra £2/week of pension.

I not that you say that your pensions are not taxable, were you on Incapacity Benefit before you were awarded ESA and were your pensions disregarded under IB? If they were then they will continue to be under ESA.

If you were not previously on IB or your pensions were not disregarded while you were then the disregard for ESA will not apply.

Whether the pensions are disregarded or not you are obliged to notify the DWP of the income if you have not already done so.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 9 months ago by Gordon.

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8 years 9 months ago #138372 by maurice537
Replied by maurice537 on topic ESA
I transferred from IB to esa over 2 Years after being on IB since 2001 my pensions have never been discussed the war pension comes from the DWP so I assume they will know

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8 years 9 months ago #138374 by Gordon
Replied by Gordon on topic ESA

maurice537 wrote: I transferred from IB to esa over 2 Years after being on IB since 2001 my pensions have never been discussed the war pension comes from the DWP so I assume they will know


It sounds like your pensions should be disregarded for ESA based on them being so while you were on IB.

I do have to warn you that the DWP record keeping from the IB days appears to have been appalling, we have had a number of members in a similar position to you, report that they have been contacted by the DWP about their pensions as the DWP had no record of them being disregarded.

I would not assume that because the war pension comes from the DWP that the ESA department knows about it!

Whether you should contact them or not is a decision you will have to make, but I would expect the payments to be flagged at some time or other.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 9 months ago #138376 by maurice537
Replied by maurice537 on topic ESA
Thanks I will contact veterans agency to ask for some advice

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8 years 9 months ago #138384 by oldman
Replied by oldman on topic ESA
In the same boat as you, pardon the pun, ny esa cb is now £23 per fortnight because of reductions.

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