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IB to ESA TA regulations

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12 years 4 days ago - 12 years 4 days ago #105665 by twink
IB to ESA TA regulations was created by twink
Hi moderators, I was wondering if you could help me find the relevant DWP regulation relating to transitional arrangements from IB to ESA. I previously was on invalidity benefit, which transferred to incapacity benefit and now to ESA. I receive a small occupational pension. I remember reading on one of the government websites that the transitional arrangements would not be affected by my occupational pension as my incapacity benefit and occupational pension predated the change in law where occupational pensions were taken into account whilst claiming incapacity benefit. However after much searching I am unable to find the relevant legislation/regulation. What I have found is copied below from your website.
Many thanks in advance for your help.
Will my pension be disregarded under ESA?
Some Incapacity Benefit claimants, but not all, will have had any occupational or personal pension disregarded as income.
If this is the case for you, then your pension income will also be disregarded with regard to ESA(CB) on the assumption that you are successfully transferred to ESA and you maintain your claim.
The disregard forms part of the Transitional Protection available to claimants being transferred, and will last while the claimant remains entitled to ESA(CB) or until April 2020.
Last edit: 12 years 4 days ago by .

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12 years 4 days ago - 12 years 4 days ago #105667 by
Replied by on topic IB to ESA TA regulations

twink wrote: Hi moderators, I was wondering if you could help me find the relevant DWP regulation relating to transitional arrangements from IB to ESA. I previously was on invalidity benefit, which transferred to incapacity benefit and now to ESA. I receive a small occupational pension. I remember reading on one of the government websites that the transitional arrangements would not be affected by my occupational pension as my incapacity benefit and occupational pension predated the change in law where occupational pensions were taken into account whilst claiming incapacity benefit. However after much searching I am unable to find the relevant legislation/regulation. What I have found is copied below from your website.
Many thanks in advance for your help.
Will my pension be disregarded under ESA?
Some Incapacity Benefit claimants, but not all, will have had any occupational or personal pension disregarded as income.
If this is the case for you, then your pension income will also be disregarded with regard to ESA(CB) on the assumption that you are successfully transferred to ESA and you maintain your claim.
The disregard forms part of the Transitional Protection available to claimants being transferred, and will last while the claimant remains entitled to ESA(CB) or until April 2020.


Hi t,

If your OP was previously exempt whilst in receipt of IB, then it will be under Transitional Protection if successfully transferred to ESA.

Will my pension be disregarded under ESA?

My IB was tax exempt; will it still be under ESA?

We had the same query a couple of weeks ago, here :

www.benefitsandwork.co.uk/forum?view=top...d=10&id=98138#104984

Reading the thread above, should give you an answer to your query. :)

bro58
Last edit: 12 years 4 days ago by .

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12 years 4 days ago #105676 by twink
Replied by twink on topic IB to ESA TA regulations
Thank you this has been helpful.

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