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

Old style ESA and an inherited pension

Rosie W
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Welfare rights service - Northumbria Healthcare NHS Trust

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Joined: 9 February 2012

Client gets old style ESA and has a civil service pension which he “inherited” as a dependant from his father who was the civil servant. It’s not clear if it has ever been disclosed to ESA and no deduction is being made.

I’m looking at s3 WRA 2007 (deductions from contributory allowance) and reg 75 ESA Regs 2008 covering payments treated as not being s3 payments and which includes at a) “any pension payment made to a claimant as a beneficiary on the death of a member of any pension scheme”.

Which looks as if it covers the client’s pension?

Brian JB
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Advisor - Wirral Welfare Rights Unit, Birkenhead

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You are correct. It is obviously an income for income-related ESA but does not reduce contribution-based ESA

Rosie W
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Welfare rights service - Northumbria Healthcare NHS Trust

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Total Posts: 323

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Brian JB - 08 August 2019 12:47 PM

You are correct. It is obviously an income for income-related ESA but does not reduce contribution-based ESA

Thank you - that was what I was hoping