Pension and CB ESA in Support Group

Can anyone shed light on the following:

Migrated from IB to CB ESA and put in WRAG. CB ESA ceased after 365 day entitlement exhausted. Failed to qualify for IR ESA due to income from Medical Retirement [Occupational] Pension. Since WRAG and LCW award had been for more than 365 days, continued to qualify for NI Credits only.

2 months later was reassessed routinely via ESA 50 submission - deemed to still have LCW and to remain in WRAG but to receive NI Credits only. Successfully appealed to be placed in SG. Ahead of any statement on payments DWP have requested details of my Pension Provider so they can assess income from my Medical Retirement [Occupational] Pension. This I have done and am awaiting outcome.

My understanding is that ESA [CB] should be reinstated while in SG. My Pension was disregarded previously [while in receipt of CB ESA] under Transitional Protection arrangements and, as far as I know, such protection should last while I remain entitled to CB ESA or until April 2020.

Questions:
a) Considering the DWP are already aware of my Pension Income from my IR ESA [failed] attempt and bearing in mind my Pension Income should maintain the historical Transitional Protection when CB ESA is re-instated while in the SG, why does the DWP need to look at my Pension Income again? Since there has been no break in my claim and no break in my award of LWC surely my Pension Income should continue to be disregarded when CB ESA is re-instated as a consequence of gaining entry to the SG? Or am I missing something? Is there some mechanism by which the DWP can means test the re-instated CB ESA using my Pension Income to reduce it by applying the £85/week rule despite the fact that my Pension has hitherto been disregarded due to the historic Transitional Protection arrangements? Basically, do you think the Transitional Protection of my Pension from means testing should continue under reinstatement of CB ESA in the SG? Viz. does such reinstatement also reinstate the Transitional Protection?

b) What happens if in the future I leave the SG and re-enter the WRAG - does the CB ESA 365-day clock begin from zero again or would I again just qualify for NI Credits only?

I have 42 qualifying years of National Insurance [NI].

I would be grateful for any clarification you can provide as to what type of ESA I might expect in the Support Group taking into account the above circumstances. In any case, thank you all for a superb forum and site – knowledge gleaned here having been pivotal to the successes outlined above.

Thank you for taking the time to reply Gordon. Much appreciated

I agree your view - it would seem rather perverse to end up in the SG and find the level of financial support [CB ESA], hitherto enjoyed in the WRAG, somehow significantly reduced. However, we will see which way the DWP roll on this and I will let the Forum know how it goes in case it is of assistance to others that might find themselves in a similar situation.

Should the outcome be unfavourable then I would definitely consider appealing any deleterious decision unless of course it was encapsulated in law. Will let you know

Could you please just clarifies something for me. I have transferred from invalidity benefit to incapacity benefit and now work-related activity contribution based ESA.
I receive an occupational pension of £100 per week. My occupational pension did not come into the calculations for incapacity benefit as I had transitional protection. It is my occupational pension considered now as part of my ESA claim and therefore the ESA payment reduced or am I entitled to transitional protection on my occupational pension?
Thank you in advance.

Hi Twink,

I think you should find the answer here -

Will my pension be disregarded under ESA?

twink wrote: Could you please just clarifies something for me. I have transferred from invalidity benefit to incapacity benefit and now work-related activity contribution based ESA.
I receive an occupational pension of £100 per week. My occupational pension did not come into the calculations for incapacity benefit as I had transitional protection. It is my occupational pension considered now as part of my ESA claim and therefore the ESA payment reduced or am I entitled to transitional protection on my occupational pension?
Thank you in advance.

Hi t,

This FAQ should answer your query :

Will my pension be disregarded under ESA?

From our : IB, IS, SDA, Migration to ESA FAQ’s

You should bear in mind though that if you are in receipt of CB ESA only in the WRAG (no IR ESA top-up) that when your 365 days entitlement to payment of CB ESA is exhauasted, that your OP would be classed as income in any means test that you would have to pass for entitlement to IR ESA.

See :

12 Month Limit for ESA(CB)

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

bro58