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Contributory ESA and NHS Occupational Pension
- tigger22
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5 years 3 months ago #242430 by tigger22
Contributory ESA and NHS Occupational Pension was created by tigger22
Happy New Year Everyone,
This morning a letter from the DWP regarding my Contributory ESA and my NHS Occupational Pension totally out of the blue.
They are stating they have to 'look at the money' that I recieve from my NHS pension (around £840 per month) as it may affect the amount of allowance that I get.
I am turning 60 this year and as I am severely disabled I also recieve the highest amounts of mobilty and care allowance from PIP.
I had to retire on medical grounds from the NHS in 2001 and received my NHS pension shortly after. At the time I claimed Incapacity benefit and informed the DWP at the time that I was receiving my NHS pension. I have always completed the ongoing appropriate forms as requested by the DWP. Then in 2012 I received a letter stating that I was being transferred to ESA. I completed the appropriate forms honestly and informed them of my income from benefits and NHS pension and was placed on the Support Group. My last review was in 2016 and I continue to receive yearly letters and increases with the statements on the form ‘No income will be taken off your ESA’.
Now out of the blue I receive a letter stating that the DWP need to look at the payments and requesting details of my pension etc.
Can anyone tell me what to expect from this unexpected letter and the likely outcome please.
We have a problem making ends meet at the best of time but we have recently lost our property to a house fire so we could do without more stress caused by the DWP.
Many thanks in advance.
Tigger22
This morning a letter from the DWP regarding my Contributory ESA and my NHS Occupational Pension totally out of the blue.
They are stating they have to 'look at the money' that I recieve from my NHS pension (around £840 per month) as it may affect the amount of allowance that I get.
I am turning 60 this year and as I am severely disabled I also recieve the highest amounts of mobilty and care allowance from PIP.
I had to retire on medical grounds from the NHS in 2001 and received my NHS pension shortly after. At the time I claimed Incapacity benefit and informed the DWP at the time that I was receiving my NHS pension. I have always completed the ongoing appropriate forms as requested by the DWP. Then in 2012 I received a letter stating that I was being transferred to ESA. I completed the appropriate forms honestly and informed them of my income from benefits and NHS pension and was placed on the Support Group. My last review was in 2016 and I continue to receive yearly letters and increases with the statements on the form ‘No income will be taken off your ESA’.
Now out of the blue I receive a letter stating that the DWP need to look at the payments and requesting details of my pension etc.
Can anyone tell me what to expect from this unexpected letter and the likely outcome please.
We have a problem making ends meet at the best of time but we have recently lost our property to a house fire so we could do without more stress caused by the DWP.
Many thanks in advance.
Tigger22
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- Gordon
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5 years 3 months ago #242440 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Contributory ESA and NHS Occupational Pension
tigger
Record keeping by the DWP for Incapacity Benefit was truly appalling and we regularly hear from members on this subject, the key issue is whether your pension was disregarded under IB or not/
To be clear, no deductions being made is not the same as it being disregarded.
If it was disregarded under IB then it should also be disregarded under ESA. The relevant sections of the DWP guidance are as follows.
Incapacity Benefit
The Decision Makers Guide, Chapter 56, Paragraph 56153
www.gov.uk/government/uploads/system/upl...e/474064/dmgch56.pdf
ESA(CB)
The Decision Makers Guide, Chapter 45, Paragraph 45465
www.gov.uk/government/uploads/system/upl...e/658311/dmgch45.pdf
Gordon
Record keeping by the DWP for Incapacity Benefit was truly appalling and we regularly hear from members on this subject, the key issue is whether your pension was disregarded under IB or not/
To be clear, no deductions being made is not the same as it being disregarded.
If it was disregarded under IB then it should also be disregarded under ESA. The relevant sections of the DWP guidance are as follows.
Incapacity Benefit
The Decision Makers Guide, Chapter 56, Paragraph 56153
www.gov.uk/government/uploads/system/upl...e/474064/dmgch56.pdf
ESA(CB)
The Decision Makers Guide, Chapter 45, Paragraph 45465
www.gov.uk/government/uploads/system/upl...e/658311/dmgch45.pdf
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- tigger22
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5 years 3 months ago #242447 by tigger22
Replied by tigger22 on topic Contributory ESA and NHS Occupational Pension
Hi Gordon,
Many thanks for the information.
I have always given fuul and true details to the DWP and informed them immediately that I had sucessfully applied for my NHS pension and was receiving it following my claim for IB.
As far as I am aware it was disregarded.
When I applied for ESA again I informed the DWP of my income sources with the appropriate amounts and I was successful in being place in the Support Group and continued to receive ESA. Its just strange why this letter has come out of the blue. I didn even know about this rule and I have had several reviews over the years with no mention of this problem.
If indeed, they start messing about with my ESA after after all this time and all the reviews and paperwork I have completed how do I prove that it was disregarded under IB? Or is this another ploy by the DWP to cut the welfare costs again.
Many many thanks,
Tigger22
Many thanks for the information.
I have always given fuul and true details to the DWP and informed them immediately that I had sucessfully applied for my NHS pension and was receiving it following my claim for IB.
As far as I am aware it was disregarded.
When I applied for ESA again I informed the DWP of my income sources with the appropriate amounts and I was successful in being place in the Support Group and continued to receive ESA. Its just strange why this letter has come out of the blue. I didn even know about this rule and I have had several reviews over the years with no mention of this problem.
If indeed, they start messing about with my ESA after after all this time and all the reviews and paperwork I have completed how do I prove that it was disregarded under IB? Or is this another ploy by the DWP to cut the welfare costs again.
Many many thanks,
Tigger22
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- Gordon
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5 years 3 months ago #242467 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Contributory ESA and NHS Occupational Pension
Tigger
There are three stages to proving your pension should be disregarded under ESA.
First, do you have copies of the correspondence notifying the DWP that you were receiving the pension under IB, it's not a requirement but it will make it a lot easier.
Secondly, does your pension meet the criteria to be disregarded under IB, see the links I posted in a previous post.
Lastly, if it was disregarded under IB, I stress again, no deduction being made does not mean it was disregarded, then it should automatically be disregarded under ESA providing there was no break in your claim.
Gordon
There are three stages to proving your pension should be disregarded under ESA.
First, do you have copies of the correspondence notifying the DWP that you were receiving the pension under IB, it's not a requirement but it will make it a lot easier.
Secondly, does your pension meet the criteria to be disregarded under IB, see the links I posted in a previous post.
Lastly, if it was disregarded under IB, I stress again, no deduction being made does not mean it was disregarded, then it should automatically be disregarded under ESA providing there was no break in your claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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