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Disregarded pensions in ESA
Hi
I have a client who had a climbing accident in 1986 and has been unable to walk ever since. He has been on Invalidity Benefit/IB until converted to ESA (WG) last year.
He has received a medical pension from 1990 and this equates to about £165 per week and has never been taken into account for IB or ESA. However, he has received his maximum 365 day ESA (WG) and now fails to qualify for an income related claim due to the pension.
I appealed the original decision to be placed in the work group and the decision was revised and he was placed in the support group.
It is my understanding the pension has always been disregarded due to my client being incapable of work since 12.04.1995 and due to him having transitional protection?
My question is, as a result of being placed in the support group, should the pension still be disregarded due to transitional protection?
Many thanks
Allan
If he was successfully converted and his award was contributory ESA, then any transitional protection should apply as it did during his period in the WRAG. If there was no gap in Inv Ben/IB/cESA, this should continue to apply.
Many thanks