ESA and occupational pension

I have a client who was on Invalidity Benefit pre 1997, was transferred to Incapacity and now to ESA.  Under the very old rules his Occupational Pension was disregarded under both earlier benefits but now he has been converted to ESA they have decided to take it into account.  I think that his occupational Pension should still be disregarded as he had benefits prior to April 2001. Does anyone know if I’m right and know where I might find the answer.
Thanks

If his IB award has been converted and he’s on income-related ESA now, I don’t know of any rules that would prevent his occupational pension having to be taken into account. Happy to be put right though.

Assume you mean he has been migrated to CESA.  In that case it continues to be ignored - Sch 1 paras 38 and 54 ESA (Transitional Provisions) (Existing Awards) (No 2) Regs 2010/1907.

Thanks for this - confirmed on Lisson Grove. This will be very reassuring for somebody.

Many thanks everyone, Sch 1 paras 38 and 54 ESA (Transitional Provisions) (Existing Awards) (No 2) Regs 2010/1907 is exactly what I was looking for.

I’ve had a couple of cases where this has been useful. But my question for this today is what about cases where they were on IB but hadn’t notified Jobcentre. Do they still get Transitional Protection.

many thanks for your help Jimmckenny, the decision has been overturned, the overpayment no longer exists and the client’s full benefit reinstated.
I wonder how many more of these there are and no one knows about the transitional protection?

Hope this is useful for people

https://www.gov.uk/government/publications/decision-makers-guide-vols-8-and-9-employment-and-support-allowance-staff-guide

DMG Vol 8 Ch 45: Advance awards of ESA(IR), transitional issues and migration

Chapter 45 - IB, SDA and IS - Claims and reassessment

Pensions prior to conversion

45465   Certain pension payments or PPF periodic payments, described at DMG 44716 et seq, do not fall to be deducted from ESA(Cont). In addition any pension payment or PPF periodic payment is disregarded (1) where

1. the claimant was entitled to IB immediately before conversion to ESA and
2. IB was not reduced by a pension or PPF payment (2) because

2.1 the claimant was entitled to DLA care component at the highest rate (3) or
2.2 the claimant qualified for IB under the provisions for those incapacitated in youth because of previous entitlement to SDA (4) or
2.3 the claimant was entitled to IB before 6.4.01 on any day of IfW in a PIW which began before and continues after that date (5).

1 ESA (TP, HB & CTB)(EA)(No 2) Regs, Sch 1, para 11; ESA Regs, reg 75(1)(g);
2 C & B Act s 30DD(1);
3 SS (IB) Regs, reg 26;
4 reg 19;
5 WRP Act 99 (Commencement No 9 and Transitional and Savings Provisions) Order 2000, Art 3