I am about to initiate a private pension. I am on contribution ESA and this pension will take me a few pounds over the permitted amount per week before ESA is reduced.
I have the option to reduce the annual pension amount by increasing the lump sum and would like to do so, but would this be regarding as deliberately depriving the DWP of the few pounds they would claw back if I did not increase the lump sum?
Its a small pension I did not alter the larger pension that makes up most of the ESA permitted allowance. Just to note, since this pension came into force (Sept 2017) the DWP have sent reassessment forms several times even though HMRC and pension fund have also sent details though twice.
Any ideas, will I fall foul of the deliberately depriving rule when they look at the pension statement I will have to provide, which will say, I suspect, 'amount of annual pension released/commuted to lump sum'.
I have searched and all anything says is no capital is affected, thus no lump sums or savings when on contribution based ESA alone. However, this is DWP and they do have the deprivation rule floating around.
Notional Income. it's not Deprivation of Capital, only applies to Income Related ESA, so as long as you are not receiving this as well as your ESA(CB) then it should not be a problem.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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