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ESA Question regarding income
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11 years 10 months ago - 11 years 10 months ago #107701 by mistake
ESA Question regarding income was created by mistake
Hi
I have been getting Incapacity Benefit since taking ill health retirement in March 1999, as such I have never had any deductions for an occupational/personal pension as change in legislation regarding income did not come into effect until 2001 and did not apply to anyone already in receipt of the benefit prior to 2001.
I was sent a renewal claim form which I submitted five weeks ago to Atos for assessment to transfer to ESA. If my claim is successful, will my pension still be disregarded or has the new rules made it so everyone’s pension will be taken into account, no matter when they started receiving the old IB.
I have tried to look this up but can find no reference to it, I would be grateful if anyone knows the answer to this or could point me to any documentation produced by DWP covering this point. Thanks
I have been getting Incapacity Benefit since taking ill health retirement in March 1999, as such I have never had any deductions for an occupational/personal pension as change in legislation regarding income did not come into effect until 2001 and did not apply to anyone already in receipt of the benefit prior to 2001.
I was sent a renewal claim form which I submitted five weeks ago to Atos for assessment to transfer to ESA. If my claim is successful, will my pension still be disregarded or has the new rules made it so everyone’s pension will be taken into account, no matter when they started receiving the old IB.
I have tried to look this up but can find no reference to it, I would be grateful if anyone knows the answer to this or could point me to any documentation produced by DWP covering this point. Thanks
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago - 11 years 10 months ago #107711 by Gordon
If your pension was disregarded under IB then it should still be disregarded under ESA providing that you were transferred directly to ESA and your claim remains active thereafter.
The legislation is quite complicated as it makes reference to other benefits legislation, which in turn references other legislation, but it is summarised in the Decision Makers guide paragraph 45465
www.dwp.gov.uk/docs/dmgch45.pdf
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Question regarding income
Sheils wrote: Hi
I have been getting Incapacity Benefit since taking ill health retirement in March 1999, as such I have never had any deductions for an occupational/personal pension as change in legislation regarding income did not come into effect until 2001 and did not apply to anyone already in receipt of the benefit prior to 2001.
I was sent a renewal claim form which I submitted five weeks ago to Atos for assessment to transfer to ESA. If my claim is successful, will my pension still be disregarded or has the new rules made it so everyone’s pension will be taken into account, no matter when they started receiving the old IB.
I have tried to look this up but can find no reference to it, I would be grateful if anyone knows the answer to this or could point me to any documentation produced by DWP covering this point. Thanks
If your pension was disregarded under IB then it should still be disregarded under ESA providing that you were transferred directly to ESA and your claim remains active thereafter.
The legislation is quite complicated as it makes reference to other benefits legislation, which in turn references other legislation, but it is summarised in the Decision Makers guide paragraph 45465
www.dwp.gov.uk/docs/dmgch45.pdf
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.
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