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ESA Support Group and Occupational Pension

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12 years 4 months ago #73831 by Judy
Hi

My husband has been on Incapacity benefit and higher Rate DLA for 20 years.
He also recieves an occupational pension.

He has now been migrated to the Support Group ESA following a medical which I believe is now taxable and as his Occupational Pension takes up his tax allowance he will loose 20% of his ESA although it is 'topped up' to his existing incapacity benefit rate.

His occupational pension was not counted as income for IB as he is also on the Higher Rate DLA.

Will this exemption condition regarding his occupational pension still apply to ESA or will we also lose 50% of everything over £85 per week of his occupational pension resulting in a net loss of 42% of his previous benefit income?

If the later is the case although he has been assessed as still requiring the benefit medically they have 'stolen' at least 20% or at worst 42% by changing the financial criteria.

Can you advise please? Many thanks

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12 years 4 months ago #73832 by Gordon

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

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12 years 4 months ago #73837 by Judy
Thank you so much...you've made my day!:)

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12 years 4 months ago #73843 by article
Replied by article on topic Re:ESA Support Group and Occupational Pension
Hi all,

my occupational pension is disregarded under the old system ie prior to 2001. And (just found out thanks Judy) therefore will be until 2020 under new system. (transitional protection)

But what I cant find on the site is what other income is counted towards the ESA income group. I have a small rental income coming in from a house. All this was before I was sick and incapacitated.

Obviously I cant ask the tennants to leave the house its their home and has been since 1999.

I dont have savings.

Any help appreciated.

regards A.

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12 years 4 months ago #73845 by Gordon
article

For ESA(CB) it is only pension income that is usually counted.

For ESA(IR) it is all income that is taken into account.

Gordon

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

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12 years 4 months ago #73848 by article
Replied by article on topic Re:ESA Support Group and Occupational Pension
Gordon are you certain on this? please dont think Im not accepting your word but if this is corect am I right in thinking my occupational pension wont be counted ie, transitional relief and my rental income isnt taken into account nor is the house I own and rent used as an asset as its being rented out.

And I have no savings.

Wouldnt this mean I qualify for ESA (IR)

if that correct and Ive read you correctly Ive got a bottle of bubbly and its going to be opened, believe me.

I have been noted from 23/11/2011 ESA wrag group (CB)

regards A.

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