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ESA with pension & PIP
- indiajane
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5 years 8 months ago #236713 by indiajane
ESA with pension & PIP was created by indiajane
Really hoping someone can help with this very specific enquiry.
I receive an ill health pension (early medical retirement from work) and while I was on IB my pension income was disregarded because I was on high rate care DLA.
When I was moved to contributory ESA (support group) my pension was still disregarded - DWP are aware I get it because they are automatically notified by HMRC each year when my pension increases (because it is indexed linked) and I get sent a DWP change of circumstances letter advising me of how much ESA I will now receive (which is exactly the same amount I already get - ie no deduction).
I have now been invited to apply for PIP and I can't find out if my pension income will continue to be disregarded once I no longer receive DLA. The only information I can find is the standard 'if your pension is over £85 a week your ESA will be reduced by 50p for every pound you get over £85', which was exactly the same as IB - EXCEPT if you were getting high rate care DLA, (although it was not a widely known exemption). How/where can I find out if this is the case with PIP as well? The automatons on the DWP helplines can't help because they haven't been given a scripted answer!
It is crucial if I find out because if I do end up losing my ESA payment due to the level of my personal pension I will have to reconsider my living arrangements. It is also important for me to know that if there is still a link, whether it is only to the enhanced care rate of PIP or if the standard care rate also qualifies you for the exemption.
TIA
I receive an ill health pension (early medical retirement from work) and while I was on IB my pension income was disregarded because I was on high rate care DLA.
When I was moved to contributory ESA (support group) my pension was still disregarded - DWP are aware I get it because they are automatically notified by HMRC each year when my pension increases (because it is indexed linked) and I get sent a DWP change of circumstances letter advising me of how much ESA I will now receive (which is exactly the same amount I already get - ie no deduction).
I have now been invited to apply for PIP and I can't find out if my pension income will continue to be disregarded once I no longer receive DLA. The only information I can find is the standard 'if your pension is over £85 a week your ESA will be reduced by 50p for every pound you get over £85', which was exactly the same as IB - EXCEPT if you were getting high rate care DLA, (although it was not a widely known exemption). How/where can I find out if this is the case with PIP as well? The automatons on the DWP helplines can't help because they haven't been given a scripted answer!
It is crucial if I find out because if I do end up losing my ESA payment due to the level of my personal pension I will have to reconsider my living arrangements. It is also important for me to know that if there is still a link, whether it is only to the enhanced care rate of PIP or if the standard care rate also qualifies you for the exemption.
TIA
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- Gary
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5 years 8 months ago #236724 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA with pension & PIP
Hi indiajane
You may want to seek advice from your local welfare rights unit for specific advice as you can supply them with relevant personal information, but I will try and answer your question.
If you have been claiming incapacity benefit or severe disablement allowance since 2001, your occupational or personal pension would have been fully disregarded. When you were migrated onto ESA, the full disregard will have been protected, i.e the above £85 limit will not be applied to you. TPEA Regs, Sch 1, para 11 & Sch 2, para 14.
I hope this information helps, I don't believe going from DLA to PIP would alter the above information
You may want to seek advice from your local welfare rights unit for specific advice as you can supply them with relevant personal information, but I will try and answer your question.
If you have been claiming incapacity benefit or severe disablement allowance since 2001, your occupational or personal pension would have been fully disregarded. When you were migrated onto ESA, the full disregard will have been protected, i.e the above £85 limit will not be applied to you. TPEA Regs, Sch 1, para 11 & Sch 2, para 14.
I hope this information helps, I don't believe going from DLA to PIP would alter the above information
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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