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Is ESA means tested ?.

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13 years 2 weeks ago #50809 by sheleo
Replied by sheleo on topic Re:Is ESA means tested ?.
That's a good point. Can anyone clarify what is meant by transitional protection? I'm guessing it just refers to IB/ESA rates and not to anything else.

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  • froglegs
13 years 2 weeks ago #50814 by froglegs
Replied by froglegs on topic Re:Is ESA means tested ?.
I had a long appointment with my benefits advisor this afternoon and she answered a few questions for me that may be useful in this topic.

I am currently on IB and have been since the early 90s so my IB is not currently taxable and my occupational pension is ignored and does not affect my IB.

When I am migrated onto ESA (CB) my occupational pension will still be ignored and will not affect the amount of ESA I receive (and it is over £85 a week)

However the ESA I receive WILL be taxable, immediately I am migrated.

After a year I am basically stuffed and will be expected to live on my pension (£120 a week) and nothing else. I will not qualify for any IR ESA or any other means tested benefit.

She has suggested I see my local MP and set out in detail the devestating effect the 1 year rule will have on my income. I will do that but dont see it doing much good.

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  • originaldave
13 years 2 weeks ago #50817 by originaldave
Replied by originaldave on topic Re:Is ESA means tested ?.
froglegs wrote:

I had a long appointment with my benefits advisor this afternoon and she answered a few questions for me that may be useful in this topic.

I am currently on IB and have been since the early 90s so my IB is not currently taxable and my occupational pension is ignored and does not affect my IB.

When I am migrated onto ESA (CB) my occupational pension will still be ignored and will not affect the amount of ESA I receive (and it is over £85 a week)

However the ESA I receive WILL be taxable, immediately I am migrated.

After a year I am basically stuffed and will be expected to live on my pension (£120 a week) and nothing else. I will not qualify for any IR ESA or any other means tested benefit.

She has suggested I see my local MP and set out in detail the devestating effect the 1 year rule will have on my income. I will do that but dont see it doing much good.



I am not sure if what you have said is right, not sure what will wait for an expert to come along :)

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13 years 2 weeks ago #50818 by Gordon
Replied by Gordon on topic Re:Is ESA means tested ?.
froglegs

I hope that I am wrong, but having just gone back through the legislation that covers the IB to ESA transfer, I can see no provisions that would cover pension income being ignored as you have been told.

It is possible that this could be covered by the Decision Makers Guide, however, I think this is unlikely.

If anybody can prove me wrong, plase do :(

Gordon

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

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13 years 2 weeks ago #50819 by Gordon
Replied by Gordon on topic Re:Is ESA means tested ?.
sheleo wrote:

That's a good point. Can anyone clarify what is meant by transitional protection? I'm guessing it just refers to IB/ESA rates and not to anything else.

That is my understanding, all other ESA regulations e.g. taxation, income, etc. remain unchanged.

Gordon

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

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  • Survivor
13 years 2 weeks ago #50820 by Survivor
Replied by Survivor on topic Re:Is ESA means tested ?.
I can't find anything in my CPAG book about pension being ignored for ESA.

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