Service Invaliding Pension will mean zero ESA?

gwmms90 wrote: Hi, first post so be gentle with me.

I have just had the ESA50 form arrive as I am being transferred from Incapacity Benefit to ESA.

I have a military invaliding service attributable pension which has no bearing on my old incapacity benefit (although it stopped being an occupational pension as soon as I was medically discharged) due to my DLA award.

Is it worth all the stress and aggravation of filling out this ESA50 form, as I believe I will get £0 even if I am put into the Support Group due to my service medical pension. I don't need NI pension credits as I did over 30 years in paid employment.

Can someone please advise me what I should do as I have seen conflicting information on this subject. It seems that going to war and serving queen and country will now preclude me from this new ESA benefit.

Thank you

The rules for pensions and ESA are substantially the same as they are on IB, however, we cannot advise you on a financial matter, you need to get face to face advice from someone who can sit down with the figures in front of them.

Where to get advice?

Also, tThe rules on NI Contributions/Credits in regard to a State Pension are changing so you should also get advice in regard to this before making a decision.

Gordon

gwmms90 wrote: Thank you for your reply but I do not need financial help just clarification.

For instant, in your B & W Understanding ESA Guide Feb 2013, on page 42 it states,

"Pension payments
For contribution based ESA the rules relating to pensions are very similar to incapacity benefit. ESA may be reduced where you receive payments over £85 a week. However, for ESA there is no exception for people in receipt of the higher rate DLA care component."

Just what to know if I am reading this right or what in my interpretation of this statement, or does it mean it is the same. Is ESA the same as incapacity then. I am confused.

Some IB claimants, because of when they started receiving IB or because they were in receipt of DLA Higher Rate Care had there pensions disregarded in full, the Transitional Protection included as part of the transfer from IB to ESA means that where this was the case, then it will be continued under ESA.

Where it was not the case and for completeness, for claims for ESA that were not due to a transfer, this exemption does not apply and the standard rules for pensions apply. There is an £85 per week disregard and deductions of 50p for each £1 of pension in excess of the £85.

I still recommend you get advice, it is possible, although unlikely, that your pension may be disregarded under ESA for other reasons, also the amount you may receive in the WRAG or the Support Group will depend on your personal situation, of course if your pension significantly exceeds the limits, this may not be relevant.

Finally, there are proposals to change qualification criteria for the State Pension which may be relevant to you.

Gordon