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Contribution esa and £85 weekly limit on pension i

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4 years 10 months ago #249028 by WimbledonP
Hi

I am on contribution esa with a terminal condition.Have a small pension pot and seen that DWP permit £85 per week pension income, without affecting esa. Could this be taken as an annual drawdown of £4420, which is £85 x 52 ie one year at £52 per week. Thanks

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4 years 10 months ago #249032 by Gary
Hi WimbledonP

If you are only receiving Contribution Based ESA then a lump sum will not affect your ESA but a regular payment will. If the pension is more then £85/week then there will be a £1/week deduction for every £2 in excess of the £85.

If you are receiving any Income Related ESA, either in part or in whole, then it will affect your ESA.

First, there is an assets and savings rule if you take a lump sum, see

Asset and savings rule for ESA(IR)

If you have a terminal condition have you applied for DS1500? www.gov.uk/terminal-illness-benefits

Gary

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

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4 years 10 months ago #249037 by WimbledonP
Thanks. I did already take a small tax free lump sum before, within the rules.

If I have a pension pot and don't want to take it all, but want to receivr a regular amount within the permitted£85 ljmit, could this be an annual drawdown equal to £85 per week. The only alternative I could think of would be to take an annuity to pay £4400 pet year, which I may not live long enough to realise.

How do other people receive contribution esa and £85 per week pension.

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4 years 10 months ago #249045 by Gordon
WimbledonP

If you have already had one lump sum then it is possible that any subsequent call down will be treated as income and subject to the £85 disregard and deduction.

There is no way around the rule, other members either avoid if by staying under the £85 or live with it if their weekly, monthly annual payments exceed it.

Gordon

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

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