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

ESA (cb and ib) with occupational pension

MaggieB
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Dorchester CAB

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Total Posts: 271

Joined: 11 October 2010

Client on cb ESA with ib top up. In support group with edp and sdp.  By my reckoning his applicable amount is £184.80.  He is receiving £98 pw.  Occupational pension of £103pw.

I assume he loses all his ib ESA £ for £ but it seems as though he occupational pension is then counted again in full (subject to normal rules i.e. 50% of everything over £85). Without award letter I am assuming cb amount is 108.05

Any ideas if this is correct?

Jon Blackwell
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Programmer - Lisson Grove Benefits Program, Brighton

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Joined: 18 June 2010

The occupational pension will reduce the ESA(IR) £ for £ and it may also reduce the ESA(C).

However, there shouldn’t be any double counting of the occ pension because only the reduced amount of contrib ESA should be taken into account as income when calculating the income-related.

If he was already receiving the occupational pension while he was on IB and his IB wasn’t reduced (because he was receipt of DLA(Care) High or his IB was a transfer from IVB/SDA) then there should also be no occ pension reduction to his ESA(C).

 

DAIIJojo
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Caseworker, Disibility Action in Islington

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Joined: 15 March 2012

On this note, I have a client that was migrated from ICB to ESA and his award included ESA (CB) of £15.46 & ESA (IR) of £15.15 pwk as he was in the support group (EDP).  Half of his PP above £85 etc was taken into account leaving ESA of £30.61 pwk.

Following the annual increase to his PP, the client received a new decision from DWP stating that his ESA has reduced to £5.24 all ESA (CB).  His applicable amount is £123.70 (basic + EDP and SG), his PP is £280.32 gross so ESA should be reduced by £97.66 (280.32-85/2). Surely he should be paid £24.53 per week ESA split between £10.48 CB and £14.04 IR?

This has messed up his HB as he was receiving max before because of his ESA (IR).  We have put in for a Mandatory Reconsideration and also done an ESA3 form but its all falling on deaf ears.

Have we got this wrong?  How can DWP change a year later especially after the fact that we had to originally remind ESA that he had a PP when he was migrated over!!