Employment and Support Allowance (ESA)
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Esa wrong?

bunglebernbunglebern Member Posts: 9 Listener
Hi
I'm on esa have been for 2 years..contribution based in support group.. 
Esa have been taking my service invaliding pension of 626 a month into consideration on my claim..ive been fighting to say it shouldn't be..has anyone any clue? 
tia 
Will x

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Will

    I have tried to find anything on this with no luck. If it were a normal pension then the first £85 is discounted then £1 for every £2
    I hope someone else can be of more assisstance
    Sorry

    CR

    Be all you can be, make  every day count. Namaste
  • bunglebernbunglebern Member Posts: 9 Listener
    Thankyou so much for trying anyway! X
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,729 Disability Gamechanger
    Hi @bunglebern
    I have passed this on to the @BenefitsTrainingCo who I hope will be able to help out soon.
    Scope
    Senior online community officer
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi bunglebern

    It depends on the type of payment you are receiving and how it is categorised. If it counts as a pension payment (and i suspect it does) then it reduces contributory ESA in the way CR describes. Pension payments include:
    • Any personal, occupational or public service pension scheme;
    • Any permanent health insurance policy arranged by your employer that provides payments in connection with ill health or disability after your employment ends (unless you contributed more than 50% of the pension premiums);
    • the Pension Protection Fund and the Financial Assistance scheme.

    David

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
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  • bunglebernbunglebern Member Posts: 9 Listener
    Hi David 
    Many thanks for the info..
    My pension doesn't come under any if these..its a service invalidity pension..and the first £85 hasn't ever been disregarded in the payment
    I started esa in 2015 on contributions and in support group as my injuries will never change and will get worse as time goes on unfortunately and for some unknown reason I've found out I was switched to income related 5 months later..i have a feeling my whole award due to the pension is completely wrong..i shouldn't have changed over after 5 months..i was in the forces for 16 years and worked before that also so my contributions wouldn't have run out!..
    I've got all my letters and proof of what pension I have..which is a service invalidity pension..not private..not occupational..not war disablement..to take into my local benefits office if I can ever get through to esa to make an appointment that is! 
    Esa rules are a minefield but I'm sure my award is all wrong.

  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Hi bunglebern

    I agree with David that it seems likely that your service invalidity pension will be taken into account against ESA - the £85 per week plus half the rest if contributory, but the whole of it if income-related only ESA is in payment. 

    This is the Regulation that indicates that normally, deductions are made even from contributory ESA. 
    https://www.legislation.gov.uk/ukdsi/2013/9780111531877/regulation/67

    I have found a reference though  to military pensions in the 2013 ESA Regulations:
    https://www.legislation.gov.uk/ukdsi/2013/9780111531877/regulation/68

    I guess you need to find out from the service in which you worked, under which Regulation your service invalidity pension is being paid. If it's one of the right ones, then this would be very positive for you. 

    Good luck with this.

    Gill_Scope

  • bunglebernbunglebern Member Posts: 9 Listener
    Hi all
    It's now one year since I wrote this message, and I kind of gave up for a while until I sat and read as much info as I could, and after ringing afcs who basically said your pension is not occupational and is tax free and should be disregarded I've started the ball rolling again!
    After speaking to a decision maker from esa and getting all the relevant information from afcs on letter to explain my pension is a SIP and not occupational one and I'm not yet in receipt of a GIP they are looking into it, I will have a decision by Thursday.
    I have several servicemember friends who have exactly the same pension and there's are disregarded..they receive double what I do..also if I received an occupational pension..it would be double what I get as a SIP! 
    Waiting game for next few days!! 
  • NickRedshawNickRedshaw Member Posts: 1 Listener
    Hi bunglebern how did the appeal go I’m in exactly the same position at the moment so very interested
  • BezzaBingBezzaBing Member Posts: 4 Listener
    Hi bunglebern Any updates? In the same boat
  • bunglebernbunglebern Member Posts: 9 Listener
    It's taking forever but as 23rd of April the pension is now fully disregarded..
    I have received a call from a decision  maker today who said i will know the outcome of the underpayment in the next 48 hours! It's a lot of money, I've been fighting this for 3 years now, keep ringing them, keep calm on the phone or they will put you to the bottom of the pile (i have a friend who works for dwp) and don't give up..the amount of callbacks i have been put on and they don't arrive is disgraceful. Once payments and underpayments are sorted I shall be placing a complaint as treatment has been awful. Hundreds of calls literally ignored! 
    Please don't give up..fight guys!!
  • BezzaBingBezzaBing Member Posts: 4 Listener
    love to have a chat about this with you if thats ok?
  • bunglebernbunglebern Member Posts: 9 Listener
    Of course, happy to help how I can :-)
  • BezzaBingBezzaBing Member Posts: 4 Listener
    edited May 2019
  • BezzaBingBezzaBing Member Posts: 4 Listener
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited May 2019
    @BezzaBing as a community champion here on scope we don't allow the use of personal information on the forum, such as names, email addresses etc, please edit your comment and remove your email address. I would also not recommend that you give your phone number to anyone on any forum because of safety reasons.

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    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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