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My husband's occupational pension & my ESA(I)

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12 years 1 week ago - 12 years 1 week ago #85427 by nofuss
My husband was made redundant and hasn't managed to find another job. He's in his early 60s and receives an occupational pension but is not yet of state retirement/pensionable age. Is his occupational pension counted as if it were earned income and therefore liable to affect my entitlement to income related/means tested ESA?

Also, is a spouse's receipt of their state pension liable to count as earned income and affect the entitlement to ESA(I) of a younger partner not yet of state retirement age?

Many thanks in anticipation of any replies.
Last edit: 12 years 1 week ago by slugsta.

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12 years 1 week ago #85432 by slugsta
As far as I am aware, DLA is the about only income that is disregarded when assessing entitlement to income-related ESA. I'm sure one of the other mod's will correct me if I am wrong.

Certainly, your husband's occupational pension would be taken into account (as it is taken into account when someone receive's contributary ESA too).

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

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12 years 1 week ago - 12 years 1 week ago #85447 by nofuss
Thanks Mrs Hurtyback. Thought as much but just wanted to check.

However, I didn't know that a spouse's occupational pension could affected one's entitlement to contribution based ESA - Knew one's own occupational pension can reduce the amount payable of ESA(C), but didn't know that contribution base ESA is affected by a spouse's or partner's income; I thought wasn't means tested.
Last edit: 12 years 1 week ago by slugsta.

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12 years 1 week ago #85454 by slugsta
You are right, nofuss - I had a slight mental aberration and was talking about the claimant's occupational pension affecting contributary ESA! As you say, a partner's income does not affect the entitlement to contribuatary benefit, but is counted for income-related benefit.

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