Quick query

I am on contributory ESA (transferred from cont. IB) and have been since 1995.

The DWP seem to think that ESA is now subject to private pension reduction rules, and I think I am exempted, because I claimed IB prior to the rule change in 2001.

Sorry - i8t's 4pm - can anyone confirm?

morgandlin wrote: I am on contributory ESA (transferred from cont. IB) and have been since 1995.

The DWP seem to think that ESA is now subject to private pension reduction rules, and I think I am exempted, because I claimed IB prior to the rule change in 2001.

Sorry - i8t's 4pm - can anyone confirm?

Hi m,

If your Occupational Pension was previously disregarded whilst in receipt of IB, then when successfully transferred to ESA, it would remain disregarded under Transitional Protection rules.

Will my pension be disregarded under ESA?

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

From our :

IB, IS, SDA, Migration to ESA FAQ’s

See also :

12 Month Limit for ESA(CB)

Which is applicable if placed into The WRAG in receipt of CB ESA.

bro58

Thanks for your help - just wanted to check they hadn't changed the rules, while I wasn't looking.

As I claimed IB prior to 2001, I always was exempt from private pension reductions.

Getting a compliance (fraud by any other name!) interview date, when I have never claimed anything means tested was a surprise.

I have sorted it out, as we found the relevant regs. and blinded them with fury and knowledge - they just said they are sending these letters out to everyone (?) and to forget the interview, but just send them a copy of my occupational pensions, and do this every year, as they don't keep the records. (strange as they used to).

(They were very confused and didn't really get the idea of Transitional Protection until 2020)

The regs I used (in case they are useful to anyone else): DMG Chapter 45. Para 45465 Vol 8 Amendment 7 (laid down 7.2.2011)

Cheers again.

Lin

Hi Lin,

Good to see you on B & W

Jim

morgandlin wrote: Thanks for your help - just wanted to check they hadn't changed the rules, while I wasn't looking.

As I claimed IB prior to 2001, I always was exempt from private pension reductions.

Getting a compliance (fraud by any other name!) interview date, when I have never claimed anything means tested was a surprise.

I have sorted it out, as we found the relevant regs. and blinded them with fury and knowledge - they just said they are sending these letters out to everyone (?) and to forget the interview, but just send them a copy of my occupational pensions, and do this every year, as they don't keep the records. (strange as they used to).

(They were very confused and didn't really get the idea of Transitional Protection until 2020)

The regs I used (in case they are useful to anyone else): DMG Chapter 45. Para 45465 Vol 8 Amendment 7 (laid down 7.2.2011)

Cheers again.

Lin

Thank you for giving the exact regs - you've just saved me several hours of trawling the web