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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Any advice will be appriciated, 

Sophia2013
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Redbridge Citizens Advice

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Total Posts: 44

Joined: 9 July 2013

I recevied this from a client :

my husband was pensioned from work after an accident, he was on contribution incapacity benefit from approx september 2001, his incapacity was reduced due to his occupational pension however in december 2009 his condition worsened and he was awarded high rate care dla, some months after that i noticed that a back payment was paid into the bank from incapacity benefit i phoned them up and they explained that because he was on high rate care dla they did not take his pension into account, march 2017 i had a telephone interview with a compliance officer from the esa and i have had to send detailed pension statements, this person said that the pension should be taken into account and denied any knowledge of why it should have stopped and basically said that the esa will be reduced and that i may be liable for any overpayments, she seems to think it stems from december 2009, she has sent all information off to esa head office, looking on the internet i have noticed that incapacity if on high rate care dla pension income is ignored and when transferred to esa it is protected with transitional protection till 2020, do you have any idea how i could put these issues across to them, i care for my husband full time as he has a number of complex issues, it is very hard work and all this is putting untold stress on me, if you could help in any way it would be greatly appreciated, kind regards

Brian JB
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Advisor - Wirral Welfare Rights Unit, Birkenhead

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Total Posts: 472

Joined: 18 June 2010

Maybe quote the Decision Maker’s Guide -

Pensions prior to conversion

45465

Certain pension payments or PPF periodic payments, described at DMG 44716 et seq, do not fall to be deducted from ESA(Cont). In addition any pension payment or PPF periodic payment is disregarded where

1. the claimant was entitled to IB immediately before conversion to ESA; and

2. IB was not reduced by a pension or PPF payment because

2.1 the claimant was entitled to DLA care component at the highest rate; or

2.2 the claimant qualified for IB under the provisions for those incapacitated in youth because of previous entitlement to SDA;  or

2.3 the claimant was entitled to IB before 6.4.01 on any day of IfW in a PIW which began before and continues after that date; .

1 ESA (TP, HB & CTB)(EA)(No 2) Regs, Sch 1, para 11; ESA Regs, reg 75(1)(g); 2 C & B Act s 30DD(1); 3 SS (IB) Regs, reg 26; 4 reg 19; 5 WRP Act 99 (Commencement No 9 and Transitional and Savings Provisions) Order 2000, Art 3


Usually reference to DMG Guidance works well as staff refer to that rather than the legislation on a day to day basis. The relevant legislation is referred to in the DMG anyway

[ Edited: 21 Mar 2017 at 01:17 pm by Brian JB ]
Sophia2013
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Redbridge Citizens Advice

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Total Posts: 44

Joined: 9 July 2013

Thank you never so much