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transitional protection contribution IB to ESA
- suzanne
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6 years 2 months ago #230109 by suzanne
transitional protection contribution IB to ESA was created by suzanne
Hi all
I asked a question last week about being asked to attend an interview at JC with compliance officer bringing all my own and partners bank account details and savings accounts.
I'm a contribution based ESA claimant migrated over to it from IB. I had DLA HR Care before my IB claim and my provisions disregarding my occupational pension were 'grandfathered' on. migrated the savings etc are not taken into account at all
The DWP seem confused about this now... But I know the transitional arrangements were put in place for those migrated from IB to ESA. What is more difficult for them to understand now seems to be the other element in the mix - having HR Care (DLA) before claiming IB. And savings and bank account is not factored in but ESA is taxable so the HMRC reduces the tax code to apply to the occupational pension.
I get the feeling that DWP are mixed up on grandfathering and transitional arrangements now as the case law is buried (ha,.. this would have been my last reassessment due to the 2017 announcement that SG applicant would no longer be constantly reassessed and I was due for a reassessment in March!!)
Any help on this, pleasssse!!
I asked a question last week about being asked to attend an interview at JC with compliance officer bringing all my own and partners bank account details and savings accounts.
I'm a contribution based ESA claimant migrated over to it from IB. I had DLA HR Care before my IB claim and my provisions disregarding my occupational pension were 'grandfathered' on. migrated the savings etc are not taken into account at all
The DWP seem confused about this now... But I know the transitional arrangements were put in place for those migrated from IB to ESA. What is more difficult for them to understand now seems to be the other element in the mix - having HR Care (DLA) before claiming IB. And savings and bank account is not factored in but ESA is taxable so the HMRC reduces the tax code to apply to the occupational pension.
I get the feeling that DWP are mixed up on grandfathering and transitional arrangements now as the case law is buried (ha,.. this would have been my last reassessment due to the 2017 announcement that SG applicant would no longer be constantly reassessed and I was due for a reassessment in March!!)
Any help on this, pleasssse!!

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- Gordon
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6 years 2 months ago #230153 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic transitional protection contribution IB to ESA
suzanne
Was your pension disregarded under IB? This is the only requirement for it to be disregarded under ESA.
I'm afraid you have misunderstood the exemption from further assessment criteria, whilst claimants have to be in the SG, being in the SG does not exempt you from further assessment.
Gordon
Was your pension disregarded under IB? This is the only requirement for it to be disregarded under ESA.
I'm afraid you have misunderstood the exemption from further assessment criteria, whilst claimants have to be in the SG, being in the SG does not exempt you from further assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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