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IB to ESA

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11 years 12 hours ago #121262 by Plonker
Replied by Plonker on topic IB to ESA

Mrs Hurtyback wrote: Glad to hear that you now have your decision and that it was, largely, in your favour. Thanks for letting us know :)

T
Thanks Gordon and MrsH. I will email DLA for that information. I do not think I will ask for an MR as I am happy with the award. As I am in Northern Ireland, the Welfare Reform has not been implemented yet. I believe that PIP will not be introduced until 2016 at the earliest. So hopefully a few years before it starts all over again!

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11 years 12 hours ago #121266 by slugsta
Replied by slugsta on topic IB to ESA
Hopefully NI will learn from the PIP debacle over here!

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 11 months ago - 10 years 11 months ago #121382 by Plonker
Replied by Plonker on topic IB to ESA

Mrs Hurtyback wrote: Hopefully NI will learn from the PIP debacle over here!

I

I certainly hope so, but will not hold my breath. I was wondering what will happen to my ESA as I have an Occ.Pension. It was disregarded as I was on high Care of DLA, now I am on middle rate,will I lose some ESA?

Best regards as always

P
Last edit: 10 years 11 months ago by Gordon.

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10 years 11 months ago #121386 by Gordon
Replied by Gordon on topic IB to ESA

Plonker wrote: I certainly hope so, but will not hold my breath. I was wondering what will happen to my ESA as I have an Occ.Pension. It was disregarded as I was on high Care of DLA, now I am on middle rate,will I lose some ESA?

Best regards as always

P


The rules are not entirely clear, but I think it likely that the disregard will be removed, the rules for occupational pension under ESA is that there is an £85/week disregard followed by a deduction of £1/week for every £2/week, so if your pension was £100/week then the deduction would be £7.50/week (£100;00 - £85.00 = £15.00 / 2 = £7.50)

Please do not assume that the DWP will do this automatically, they may not be aware of the change in your DLA, and we have had a lot of IB claimants with pensions where there is no record on the computer of the pension being paid (because it was disregarded), so you should contact your local DWP office with full details.

Just to add an additional warning, if this is the first time that the ESA people have heard of the pension they may question whether it should have been disregarded in the first place for ESA, this is a result of them not previously having the data, just quote the IB disregard for HRC.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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10 years 11 months ago #121387 by Plonker
Replied by Plonker on topic IB to ESA

Gordon wrote:

Plonker wrote: I certainly hope so, but will not hold my breath. I was wondering what will happen to my ESA as I have an Occ.Pension. It was disregarded as I was on high Care of DLA, now I am on middle rate,will I lose some ESA?

Best regards as always

P


The rules are not entirely clear, but I think it likely that the disregard will be removed, the rules for occupational pension under ESA is that there is an £85/week disregard followed by a deduction of £1/week for every £2/week, so if your pension was £100/week then the deduction would be £7.50/week (£100;00 - £85.00 = £15.00 / 2 = £7.50)

Please do not assume that the DWP will do this automatically, they may not be aware of the change in your DLA, and we have had a lot of IB claimants with pensions where there is no record on the computer of the pension being paid (because it was disregarded), so you should contact your local DWP office with full details.

Just to add an additional warning, if this is the first time that the ESA people have heard of the pension they may question whether it should have been disregarded in the first place for ESA, this is a result of them not previously having the data, just quote the IB disregard for HRC.

Gordon


Thanks Gordon.Just to add ESA wrote to me a couple of weeks ago to get my most recent payslip that included the new updated amount of Pension.

I will watch what happens to my ESA.

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10 years 11 months ago - 10 years 11 months ago #121471 by Plonker
Replied by Plonker on topic IB to ESA
I am considering asking for a MR on my renewal. I have requested all evidence in writing and they have acknowledged my request.

I am want them to look at the Care component only. Could DLA look at both components and I could end up worse off?
Last edit: 10 years 11 months ago by Gordon.

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