Repayment of benefits for backdated pension ?

ashmere

@Rosie_Scope Thanks for reply.

I received my advice from Welfare Rights Officer. They said notional income does not apply for unclaimed pensions for those under state pension age so I wont have to repay benefits (ESA) for the years of backdated pension.

The general advice given by Joanne Alumni was that notional income DOES apply for unclaimed pensions for those under state pension age. @poppy123456 and @janer1967 seem to agree with this. Eric said he was 65 so under state pension age.

I am asking for clarification of the general advice given as this does seem to contradict with the advice that I have been given. Please confirm.

Albus_Scope

Hey @ashmere the information may have been correct at the time of posting, but this discussion is from 2020 and things may have changed.

Unfortunately I don't know a great deal about the pensions system, so I'd be unable to advise. But Rosie made a great suggestion by calling the helpline.

ashmere

@Rosie_Scope,@Albus_Scope Thank you.

I told Welfare Rights about the post on here from 2020, they said the advice given was wrong by Joanne Alumni and @janer1967 and @poppy123456. Are there any benefit experts on scope who you could ask plese. I am very scared about money owed. I think the other people have moved on as Rosie said.

ashmere

@Rosie_Scope and @Albus_Scope I don't think I tagged you correctly in my last post of 16.14.

ashmere

@Rosie_Scope and @Albus_Scope As per my post of yeterday, are there any benefit experts on scope or anyone you could ask please about my query. I do not know which information is correct, can you help me please. Welfare rights say info given in 2020 by Joanne Alumni, @janer1967 and @poppy123456 is wrong and nothing has changed since then, I am unable to call helpline for medical reasons . I dont know who to believe and if i owe money. As rosie said, i think all the people who were contributing to post in 2020 are no longer here. Please help me.

Albus_Scope

Hi @ashmere apologies for the delay. The majority of people here offer their help and advice in their own free time.

Rosie gave some good advice yesterday which I'd advise to follow up;

"Advicelocal have a directory to search if you'd like to speak to someone.

We also have a helpline if you'd like to chat about your case there: Helpline | Disability charity Scope UK"

The helpline is contactable via email as well, so you wouldn't have to speak to anyone on the phone. 😊

ashmere

@Albus_Scope Thanks. It was advice local that gave welfare rights officer. I cant speak on phone. It's a shame that it seems none of the people who were commenting on the original post are no longer around, they might have helped me. I thought you had scope benefit experts on here still, are there no be scope benefit experts available on the forum anymore like there seemed to be in 2020?

Albus_Scope

Hi @ashmere no, there are no formal benefit experts on the community, but we do have some very knowledgeable people on here. And no, the people who had previously commented are no longer active on the community.

As said, the Scope helpline link Rosie and I have both linked in previous comments contains an email address which you an use and speak to someone who should be able to help more. 😊

ashmere

@Albus_Scope Thanks, when I find out the right answer, I will post on here. Neighbour coming to help soon to look things up, there is a poppy active on community but must be different one.

ashmere

@Albus_Scope and @Rosie_Scope Neighbour found out on welfare benefits website following rules

1 October 2024, 03:46 pm#2

Daphne
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Total Posts: 3643

Joined: 14 March 2014

For ease, ESA reg 106 - 

and HB Reg 42 - 

notional income does not include that from an occupational pension scheme where the claimant has not attained the qualifying age for state pension credit

https://www.legislation.gov.uk/uksi/2008/794/regulation/106 https://www.legislation.gov.uk/uksi/2006/213/regulation/42

So advice given on 2020 post by Joanne Alumni, @janer1967 and @poppy123456 was wrong and welfare rights officer who gave me advice was right. Shame @eric144 was given wrong advice.

Thought this might help other people, I can breathe sigh of relief now.

Morgan_Scope

Good morning @ashmere. I believe the advice you were given by Welfare Rights is correct. I wouldn't like to speak for Joanne, but it may be that she hadn't spotted the age, as the rules are different had the poster been over state pension age.

I'm not 100% sure which benefits you are claiming but this is the decision makers' guidance on unearned income (page 139 talks about notional income and pension rules). And here is the equivalent guidance for Universal Credit (page 26).

The key part being:

General 51535 There are rules for calculating income that is

 1. available on application from a personal or occupational pension or

 2. is treated as being available from a personal or occupational pension.

 51536 These rules apply to people who have reached the qualifying age for SPC. The DM should ignore potential income from

 1. personal pension schemes or

 2. occupational pension schemes or

3. the Board of the Pension Protection Fund for people under the qualifying age for SPC.

The weekly amount of any notional income to be taken into account should be calculated as if it is actual income.