Transitional protection of invalidity/incapacity benefit

I have a client who has stumped me. She is currently being paid Incapacity Benefit, which was transferred from Invalidity Benefit and is about to be reassessed for ESA.

Client reports that under transitional arrangements from Invalidity Benefit her Incapacity claim did not take into account income from private pensions.

Client was asking how this may change under ESA. Client seemed very confident about the transitional arrangements under Incap and reports having informed DWP of pension details several times over the years but they hav

Unfortunately both Incap and Invalidity are before my time and trawling through dusty old CPAG books has not cleared anything up.

Does this sound familiar or correct to anyone? Any ideas or anyone able to point me in the right direction?

Thanks.

Your client is right that her IB was not reduced by any occupational/personal pension, but it’s nothing to do with previous receipt of IVB.

The measure reducing IB for people whose personal pension exceeded a prescribed amount was introduced from 6 April 2001.  It applied only to people whose entitlement to IB started after that date, and also didn’t apply to those in receipt of DLA higher rate care component.

The statutory reference is Social Security (Incapacity Benefits) Miscellaneous Regs 2000 SI 2000/3120 regs 2 and 6.

Ruth_T - 17 May 2012 07:18 PM

Your client is right that her IB was not reduced by any occupational/personal pension, but it’s nothing to do with previous receipt of IVB.

The measure reducing IB for people whose personal pension exceeded a prescribed amount was introduced from 6 April 2001.  It applied only to people whose entitlement to IB started after that date, and also didn’t apply to those in receipt of DLA higher rate care component.

The statutory reference is Social Security (Incapacity Benefits) Miscellaneous Regs 2000 SI 2000/3120 regs 2 and 6.

Thank you so much!