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8 years 1 week ago #156779 by Jay_P
Replied by Jay_P on topic ESA Success
Hi Gordon

Thanks for the reply

Been doing a bit of research and it appears there are exception to the pension income ruling



If you have a gross pension income of more than £85 a week, the amount of benefit will be reduced by half of the excess.

The excess is the difference between £85 and the actual pension income. For example, for a pension income of £100, the excess is £15. The amount of Incapacity Benefit payable is reduced by half of that, which is £7.50.

Exceptions
This rule does not apply if:

you were in receipt of Incapacity Benefit before 6 April 2001
your claim is made under the linking rules for Incapacity Benefit and links back to before 6 April 2001
you receive the highest rate of the care component of Disability Living Allowance


I was in receipt of IB from 1993/94 up until transferring over to ESA

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8 years 1 week ago - 8 years 1 week ago #156784 by Gordon
Replied by Gordon on topic ESA Success
Jay_P

Yes I know this :)

But it only applies to pensions that you were receiving at this time, if you were receiving your pension at this time then it should be disregarded, if you have received the pension since transferring to ESA then it is not,

The key factor is whether it was disregarded under IB or not?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 week ago by Gordon.

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8 years 1 week ago #156794 by Jay_P
Replied by Jay_P on topic ESA Success
yes apologies Gordon of course you know this :laugh:

Anyway have been in receipt of my medical works pension since 1993/94 whilst on IB and prior to transferring over to ESA so it's a big phew from me I guess

I,ll leave in peace now Gordon until PIP ;)

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8 years 1 week ago #156814 by Gordon
Replied by Gordon on topic ESA Success

Jay_P wrote: yes apologies Gordon of course you know this :laugh:

Anyway have been in receipt of my medical works pension since 1993/94 whilst on IB and prior to transferring over to ESA so it's a big phew from me I guess

I,ll leave in peace now Gordon until PIP ;)


DWP record keeping under IB was appalling and we have seen a lot of transferees chased for information about their pensions.

Gordon

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

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8 years 1 week ago #156901 by Jay_P
Replied by Jay_P on topic ESA Success
Hi Gordon,

Thankfully my or should I say my Mrs record keeping could be better than the DWP.Have paper work/ docs back to early 90,s in relation to my awards for invalidity and incapacity right up till now.She even has the booklet you got when on invalidity which you took to the post office for your benefit :)

After three attempts at 15 minutes each time eventually got to speak to a human at the DWP and my award/ prognosis is 3 years and requested the ESA85 also
The following user(s) said Thank You: slugsta

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