Forum

dla higher rate care to standard PIP effect on esa

please can anyone help me? I have been on higher rate care and mobility components of DLA for about 9 years. i was also on incapacity benefit before being transferred to the esa support group. Because I had the higher rate care,This meant that my occupational pension was ignored as income in respect of esa and I was able to keep that too. now though, i have just been moved from dla to pip but only been awarded the standard rate of both. does anyone know whether this means im going to lose my esa?

this whole situation is so worrying, any information would be so appreciated, thanks in anticipation

have you put in a request for mandatory reconsideration re PIP, if not then do it now.

get help from welfare rights or similar.

they are brilliant.

my second application for PIP was turned down as well but i wanted to continue fighting for it.

it ended up going to tribunal but i’d been unable to sleep for so long that i rang my welfare rights lady to say that i couldn’t face it.

she asked for permission for her to ask for a paper only hearing.

she got it and the tribunal accepted the same bloody paperwork that the DWP had rejected twice.

so fight for what you are entitled to!

get advice asap

carole x

ESA and DLA and PIP are seperate benefits.

The reason your private pension is disregarded on ESA is that you were on Incapacity benefit and it was disregarded on that so when you changed to ESA it still has to be disregarded.DLA is not means tested so your pension will not count with regards to that, also I dont think PIP is means tested either.

I have a private pension that is disregarded with my ESA as it was on Incapacity, it has to be.

Some peoples private pensions are not disregarded when on ESA and thats because they were not on Incapacity before a certain date.I was on it from 1992.

With regards to you going from DLA to PIP you need to appeal a lot are given lower awards on PIP but a lot get it changed when they ask for a mandatory reconsideration.The benefits and work forum have some really good advice.I joined last year for help with the ESA transfer.

Thanks Carole, I only got the decision yesterday so I’m trying to undersand things as much as possible before I ring PIP tomorrow to ask for the reconsideration and all their info. I also will need to ring esa and notify them but i’d like to understand my right first Jayne xxxx

thank you so much for your messages, MrsJ xx

1 Like

Ive just thought - was the disregard that you had from 92 a general disregard for people on IB. I only got it from 2008 and I think the criteria then had changed to higher rate DLA. its that that is making me concerned about whether only getting standard rate now will mean its not disregarded now ??

Hope this helps

https://www.narpowestmidlands.org/welfare/564

If they were in the Support Group and receiving Contributory ESA, the payment of ESA continues for as long as they meet the assessment criteria. With regards to pension income, as a general rule, if the member had their pension income disregarded in full before the date they were transferred to ESA from Incapacity Benefit, it will continue to be disregarded. The main reason it was disregarded in the first place is that they were receiving IB before 6 April 2001, when a rule change introduced the reduction for those receiving pension income

thanks for your reply

As I was only getting IB from 2008 and then transferred onto ESA, what do you think this means for me ?

Jayne x

Jayne i see what you mean if you were only getting Incapacity benefit from 2008 maybe your pension will not be disregarded.

Jayne

I was under the impression that private pensions were not generally ignored for IB or ESA, unless as Mrs J and Friendly Red said, you had been in receipt of IB for a long time. Ie, since well before the date when you first claimed it. Receipt of DLA or PIP for either component, and at any rate normally would not have anything to do with the disregard of a pension from another benefit.

You may need to contact the DWP to find out for certain. But if you have been overpaid IB as a result, you are going to need expert help in ensuring that this is correctly ascribed to have been caused by official error (given that you told them about the private pension when you first claimed) and that as such it should not be recovered from you (since you quite reasonably believed that the pension was ignored).

It isn’t always a straightforward matter to get these things sorted out. In your position therefore, I would contact the CAB and ask for welfare rights help in sorting it out. You can take all the various forms and letters you’ve received from the DWP to the CAB and hopefully you photocopied your original IB claim so can take that to an appointment too. They should be able to liaise with The DWP on your behalf.

It is of course, still possible that your IB and ESA claims have been correctly disregarding your private pension all along, but you should make sure that your claim is correct now that this question has arisen.

The CAB can also check your current PIP entitlement and help you to get a mandatory reconsideration if they believe your claim is being underpaid. But you need to get a move on with that because you only have a month from the date of their decision.

Sue

Hi Mrs J, thats what I’m beginning to feel more certain about. I’ll just have o hope that the mandatory consideration and potential appeal will be successful. i can already see some things that I disagree with them about and am waiting to ask for a copy of the ATOS- or whatever they are called now- assessment. i hope that if my appeal is successful then they should reinstate the esa. the dwp computer has been down all day today, I believe. xx

ESA Guidance Chapter 44 deals with Pensions

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/658302/dmgch44.pdf

Pension payments and PPF periodic payments that are 1. made to a claimant for any week and 2.more than £85

each week are deducted from the claimant’s personal rate, when calculating the amount of ESA(Cont) payable to the claimant for each benefit week or part-week. The amount 1 deducted is half the excess over £85 .

ESA Regs, reg74(1)

Example

Kim receives pension payments totalling £90 each week. The pension payments exceed the £85 maximum by £5. This means that £2.50 is deducted in each benefit week from the amount of ESA(Cont) that she is entitled to because this is half of the £5 excess

Disregarded payments

Certain payments may be received by the claimant but do not fall to be deducted from ESA(Cont) , ESA Regs, reg 75

Pension payments -Payments may be payable to the claimant under 1.a personal pension scheme or 2.an occupational pension scheme or 3. a public service pension scheme and because a person who was a member of the scheme has died

There are lots of other examples Jayne that may fit your circumstances, reading guidance is an art form, once you think you have the answer…read on! As suggested above, a trip to CAB would be worth your while

Good Luck

Sarah

1 Like

Sarah is absolutely right. Reading benefits guidance is an acquired skill. And can be confusing as hell.

In the guide she’s given the link to, you need to go to page 179 to find the specific rules about pensions.

Because it’s quite complicated and you need to know how to read and apply the regulations, proper advice would be sensible.

If it seems that maybe you should have been having deductions made from your ESA because of your pension payments (depending on how much you get per week, if it’s less than £85, you’d be OK anyway), proper advice is actually essential.

Don’t rely on the reinstatement of PIP at the higher rate to sort out your ESA. They are different benefits. The receipt of PIP at any rate wouldn’t mean that your pension should be ignored for ESA.

Sue