HELP !! NHS OCC PENSION/EFFECT ON CONTS ESA WHERE CLAIMANT PAID MORE THAN THE EMPLOYER INTO THE SCHEME

I have just picked up a case where the claimant has an NHS pension and is in Support Group ESA. The Conts ESA is being reduced by the usual 50% over £85 rule. But claimant says they paid more into the scheme than the employer. Claimant has apparently sent proof of this to the DWP. I thought that this meant the pension wasn’t offset against Conts ESA but DWP say that this only applies if it is a health insurance scheme and not a pension. Are they correct?

See p.616 CPAG 2016/17. On the facts as you’ve described them, DWP are correct.

Pension payments over £85 p/w are taken into account that are made under:

* any personal, occupational or public service pension scheme,
* any permanent health insurance policy arranged by employer, except where claimant has contributed more than 50%
* Pension Protection Fund and Financial Assistance Scheme

Thanks for that. Did this ever apply to occupational pensions too ? If so when did it change.

No, never been any different since 2008 from what I can see.