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Full(er) Pension Income rules exceptions
12 years 9 months ago #90398 by DA0
Replied by DA0 on topic Re:Full(er) Pension Income rules exceptions
Hi Gordon,
You are correct. As you say: “The rules you have quoted are for IB not ESA”.
My post should have been clearer in stating that it was in reference to the B&W IB Transfer/Pension FAQ, and I’m sorry it didn’t. I’m in exactly this situation and I didn’t fully consider how my post might read to others who aren’t.
The FAQ I refer to is in the main FAQ section titled IB /IS/SDA Transfer with the question being "Will my pension be disregarded under ESA?"
So the FAQ purports to address pension treatment under ESA following IB transfer. It doesn’t. Certainly not clearly, or fully.
I think the FAQ should be revised along the lines of my post, because this is an IB transfer/Pension FAQ, (not an ESA/Pension rules FAQ), and it misled me (& possibly others).
The FAQ states that disregards apply only to “Some Incapacity Benefit claimants, who were in receipt of IB prior to April 2001”. As such it left me thinking my pension would not be disregarded under ESA: I was transferring from IB to ESA, but I was not a pre April 2001 IB claimant, therefore my pension wouldn’t be disregarded, according to the FAQ. This, as you know, is incorrect, due to the DLA Highest Rate Care (HRC) exception.
I believe it could affect quite a few B&W members (there’d likely be no FAQ if it didn’t):
- The DWP has said there will be 1.5 Million transferring from IB to ESA (source B&W)
- 23% (732,000 people) of DLA claimants get Highest rate DLA care (source DWP May 2010)
I don’t know how many of those 732,000, or so, also receive IB and have a pension over £85/week, but I’d guess it’s a significant number. Even if not, the FAQ shouldn’t mislead members in my position.
I eventually found the DLA HRC exception at www.benefitsandwork.co.uk/news/members-o...ansfer-date-revealed by searching the main site for the exact phrase “occupational pensions”. It did take a bit of finding though. FAQ’s should help most people quickly, easily and correctly. This one just doesn’t.
Anyway, my intention was to help and inform other members, not rewrite parts of the site. I hope my post/reply and your clarification response will at least have covered that. Over to you.
Keep up the excellent work
You are correct. As you say: “The rules you have quoted are for IB not ESA”.
My post should have been clearer in stating that it was in reference to the B&W IB Transfer/Pension FAQ, and I’m sorry it didn’t. I’m in exactly this situation and I didn’t fully consider how my post might read to others who aren’t.
The FAQ I refer to is in the main FAQ section titled IB /IS/SDA Transfer with the question being "Will my pension be disregarded under ESA?"
So the FAQ purports to address pension treatment under ESA following IB transfer. It doesn’t. Certainly not clearly, or fully.
I think the FAQ should be revised along the lines of my post, because this is an IB transfer/Pension FAQ, (not an ESA/Pension rules FAQ), and it misled me (& possibly others).
The FAQ states that disregards apply only to “Some Incapacity Benefit claimants, who were in receipt of IB prior to April 2001”. As such it left me thinking my pension would not be disregarded under ESA: I was transferring from IB to ESA, but I was not a pre April 2001 IB claimant, therefore my pension wouldn’t be disregarded, according to the FAQ. This, as you know, is incorrect, due to the DLA Highest Rate Care (HRC) exception.
I believe it could affect quite a few B&W members (there’d likely be no FAQ if it didn’t):
- The DWP has said there will be 1.5 Million transferring from IB to ESA (source B&W)
- 23% (732,000 people) of DLA claimants get Highest rate DLA care (source DWP May 2010)
I don’t know how many of those 732,000, or so, also receive IB and have a pension over £85/week, but I’d guess it’s a significant number. Even if not, the FAQ shouldn’t mislead members in my position.
I eventually found the DLA HRC exception at www.benefitsandwork.co.uk/news/members-o...ansfer-date-revealed by searching the main site for the exact phrase “occupational pensions”. It did take a bit of finding though. FAQ’s should help most people quickly, easily and correctly. This one just doesn’t.
Anyway, my intention was to help and inform other members, not rewrite parts of the site. I hope my post/reply and your clarification response will at least have covered that. Over to you.
Keep up the excellent work
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