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ESA and works pension
- johnlyn
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Old Man wrote: Hi all, not spent that much time on the forum recently, but I have a question. I am in receipt of a small teachers pension, I got a letter from DWP asking for details of the pension. I rang them and was told by a chap I spoke to from Jobcentre plus that it could affect my ESA. He said it depends on how much I get. I didn't realise that all ESA was means tested! Is there any information out there that can clarify the situation for me? My appeal was successful and migrated from WRAG to the support group last December.
Hi OM,
It depends on whether all or part of your ESA is Income Related (IR) or whether it is totally Contributions Based (CB)
With the IR ESA scenario all income from an Occupational Pension (OP) will be classed as income for the puposes of assessing your entitlement to IR ESA.
If it is CB ESA only, then if your OP is in excess of £85/week you will receive a 50pence in the pound deduction from your weekly ESA for every pound in excess of the £85.
e.g. £100/Week OP - £85 allowed = £15 in excess = 50% of £15 = £7.50/Week deduction from your CB ESA.
However, if you were transferred over from another benefit, and your OP was previously disregarded, then under Transitional Protection, it should also be disregarded for CB ESA. :
Will my pension be disregarded under ESA?
See also :
My IB was tax exempt; will it still be under ESA?
bro58
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- johnlyn
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Old Man wrote: The thanks for the information. I was om IB and transferred to contribution based ESA last year. From what you have written I should be ok.
Hi OM,
It is quite normal for the DWP to require such information regarding OP's on a regular basis, even in receipt of CB ESA only.
Simply provide the information requested, and all should be O.K.
Please return if you have any further queries regarding this issue.
bro58
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- carruthers
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I mean if someone with no transitional protection gets ESA(CB) awarded, has no other personal non-benefit income, does the OP of a partner affect the ESA amount of the claimant?
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- Gordon
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carruthers wrote: I know lots of things in ESA etc now involve your partner as well as yourself. Does this extend to OPs?
I mean if someone with no transitional protection gets ESA(CB) awarded, has no other personal non-benefit income, does the OP of a partner affect the ESA amount of the claimant?
Not for ESA(CB), but it does for ESA(IR).
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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