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Full(er) Pension Income rules exceptions
- DA0
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12 years 9 months ago #90328 by DA0
Full(er) Pension Income rules exceptions was created by DA0
Pension income rules
If you have a gross pension income of more than £85 a week, the amount of benefit will be reduced by half of the excess.
The excess is the difference between £85 and the actual pension income. For example, for a pension income of £100, the excess is £15. The amount of Incapacity Benefit payable is reduced by half of that, which is £7.50.
Exceptions
This rule does not apply if:
•you were in receipt of Incapacity Benefit before 6 April 2001
•your claim is made under the linking rules for Incapacity Benefit and links back to before 6 April 2001
•you receive the highest rate of the care component of Disability Living Allowance
It's really this last point which I think should be on the FAQ page (which only mentions the IB parts). I think there's likely to be a large number of combined ESA/DLA Highest rate care claimants.
If you have a gross pension income of more than £85 a week, the amount of benefit will be reduced by half of the excess.
The excess is the difference between £85 and the actual pension income. For example, for a pension income of £100, the excess is £15. The amount of Incapacity Benefit payable is reduced by half of that, which is £7.50.
Exceptions
This rule does not apply if:
•you were in receipt of Incapacity Benefit before 6 April 2001
•your claim is made under the linking rules for Incapacity Benefit and links back to before 6 April 2001
•you receive the highest rate of the care component of Disability Living Allowance
It's really this last point which I think should be on the FAQ page (which only mentions the IB parts). I think there's likely to be a large number of combined ESA/DLA Highest rate care claimants.
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- Gordon
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12 years 9 months ago #90344 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Full(er) Pension Income rules exceptions
DA0
The rules you have quoted are for IB not ESA, there is no exception to the pension rule for a claimant on DLA in the ESA Regulatiosn, with the limited exception of an IB claimant who has been transferred to ESA and is covered by the Transitional Protect Regulations 2010.
Gordon
The rules you have quoted are for IB not ESA, there is no exception to the pension rule for a claimant on DLA in the ESA Regulatiosn, with the limited exception of an IB claimant who has been transferred to ESA and is covered by the Transitional Protect Regulations 2010.
Gordon
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- benefits61
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12 years 9 months ago #90349 by benefits61
Replied by benefits61 on topic Re:Full(er) Pension Income rules exceptions
Doesthis apply to the support group?
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- Gordon
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12 years 9 months ago #90351 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Full(er) Pension Income rules exceptions
annken wrote:
Some IB claimants had their pension income disregarded. The Transitional Protection Regulations carry this forward onto ESA(CB).
IB claimants who's pension was not disregarded are not eligible, nor are claimants who have only claimed ESA, in these cases the standard £85 disregard followed by 50% of the excess applies.
Gordon
I'm afraid it has nothing to with the Support Group.Doesthis apply to the support group?
Some IB claimants had their pension income disregarded. The Transitional Protection Regulations carry this forward onto ESA(CB).
IB claimants who's pension was not disregarded are not eligible, nor are claimants who have only claimed ESA, in these cases the standard £85 disregard followed by 50% of the excess applies.
Gordon
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- benefits61
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12 years 9 months ago #90354 by benefits61
Replied by benefits61 on topic Re:Full(er) Pension Income rules exceptions
sorry Im a bit dim at grasping all this info, Of you are in the support group and you receive a personal pension, will it be reduced after transitional period. Have I phrased this right, not sure how to ask the question.
Thankyou
Thankyou
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- Gordon
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12 years 9 months ago #90355 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:Full(er) Pension Income rules exceptions
annken wrote: 
The group you are in has nothing to do with a pension being disregarded.
It only applies to claimants who have been transferred from IB to ESA.
If their pension was disregarded under IB, then it will continue to be disregarded while they receive ESA(CB) or until April 2020.
If their pension was not disregarded under IB, then the normal rules for pensions and ESA(CB) apply, e.g. the first £85/w week is disregarded, above £85/w there is a 50% deduction for every £1/w of pensiom. So if the pension is £100/w, £85 is disregarded and the ESA(CB) is reduced by £7.50 (£15/2).
Gordon
I'll try and explain itsorry Im a bit dim at grasping all this info, Of you are in the support group and you receive a personal pension, will it be reduced after transitional period. Have I phrased this right, not sure how to ask the question.
Thankyou

The group you are in has nothing to do with a pension being disregarded.
It only applies to claimants who have been transferred from IB to ESA.
If their pension was disregarded under IB, then it will continue to be disregarded while they receive ESA(CB) or until April 2020.
If their pension was not disregarded under IB, then the normal rules for pensions and ESA(CB) apply, e.g. the first £85/w week is disregarded, above £85/w there is a 50% deduction for every £1/w of pensiom. So if the pension is £100/w, £85 is disregarded and the ESA(CB) is reduced by £7.50 (£15/2).
Gordon
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