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ESA compliance meeting letter and phone call etc

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5 years 5 months ago #221314 by Sand625
I was recently bumped down to standard on both components of PIP. (Missing both by one point) Due to the change I’m back on the radar of the JC+/ESA jackals. I received a letter requesting my attendance at a ‘compliance meeting’ and a long list of documents to bring with me, including savings account statements etc. As I’m on contributions based ESA I rang them up. (The number was for an individual member of staff and I got his voicemail message!) I explaimed my confusion and also that I couldn’t attend due to a hospital appointment earlier this week. He said no problem we can do a telephone interview I’ll ring you at the time and date on the letter.
He rang today and read out the list of changes you have to notify them about in order to be compliant. I queried the “changes to savings or assets” one, due to my benefit not being means tested. He said ‘it’s a list I have to read from.’ Then he asked me if I get a pension. Apparently there’s a list of 8 questions I have to send to my pension provider and when they answer, forward the reply to him. He is posting the questions and envelopes to me.

I’ve no idea what these questions could be. Or indeed why they need any of.my financial information. Perhaps related to the number of years I contributed to it? If it’s re national Insurance contributions surely they can look that stuff up themselves?
Anyway - this post is just for information in case anyone else is in a similar situation and wonders what will happen.

Further to the PIP Mandatory Reconsideration’ request I made - I used your guides and had help from the Brain Charity and sent more information to them. The letter had multiple points regarding the factual errors, assumptions etc that the Health ‘Professional’ made (which were many) and thanks mostly to your guides (and despite the fact that the Brain Charity let me down quite a bit and I had to do the darn thing right near the deadline) I think I did a solid letter with good evidence.. Alas, and unsurprisingly, they didn’t alter the decision. So it’s back to your guides to write the appeal request. Thank you for them, and this forum. It’s an invaluable resource that I very much appreciate.

When I spoke to the charity, and talking to other folks in a similar position to me it appears that the DWP are bumping lots people down a level or off completely. Much more than usual :( I truly don’t know how these people sleep at night... It causes such distress and suffering.

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5 years 5 months ago #221323 by Gordon
Sand

The compliance interview/phone call is undoubtedly related to your pension.

Whilst ESA(CB) is not means tested, pension income can reduce your ESA(CB) payments, there is a £85/week disregard followed by £1 per week deduction for £2 of pension in excess of the £85.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sand625

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5 years 5 months ago #221540 by Sand625
Thanks Gordon
When did pension income start to be relevant? I checked my form and there wasn’t any question about it/anywhere to enter pension info. I don’t remember ever reading anything they’ve sent me mentioning it either, so how was I supposed to know!
Panicking now for obvious reasons. Gosh I wish I didn’t have to have anything to do with the DWP :(

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5 years 5 months ago #221541 by Sand625
I’m on my phone and there was a glitch which stopped me being able to finish previous reply. Sorry.

As there’s one called ‘contribution based’ and one called ‘Income based’ it makes it really confusing. I wonder how many people there are like me who have no idea their ill health retirement pension is relevant?
With the PIP appeal needing to be dealt with and all the health stuff I have going on right now this happening could be what finally breaks me...

Thanks for all you do Gordon. I wish I knew more about it all so I could help.

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5 years 4 months ago #221575 by Gordon
Sand

Contribution Based ESA has always taken pension income into account, in fact, Incapacity Benefit before it did as well. The ESA1 form that you would have completed in order to claim ESA specifically asks about this type of income.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sand625

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5 years 4 months ago #221876 by Sand625
:( I went thru the copy/print out of my ESA form (I did the pdf version) and can find no mention of pension income. I’ll look for a copy online, see if it rings any bells when I see it.
They’ve asked for info re lump sum too, but surely that’s savings capital not income...
I’m not well enough for all this. No wonder I never spot HMRC mistakes etc. You need to be well to understand it all. Or at least not have an illness that effects cognitive function.
I’ve been searching for a Solicitors to help but not having any success there either.

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