Hi, my name is stuartves!

stuartves

I am a 59 year old ex British Army. I have been on long term ESA Income Related since 2013. I recently applied for my AFPS-75 military pension to be paid early ( I am entitled at 60). After my initial rejection I appealed and won my appeal. As of November 2021 I started receiving a monthly pension of £197.  I was told that it would not effect my ESA, or PIP payments as it is less than £85 per week. 

However, last week I received a letter from the DWP saying they had found out from HMRC that I was receiving a military pension and I had not declared it. They have reduced my ESA entitlement to the full amount of my Military pension. So 100% of my pension has been taken. If I had realised this I would not have gone through the stress and appeals of applying for my military pension in the first place. 

I telephoned the DWP and queried the deduction. They called me back and said that because I am on Income Related ESA and the higher rate due to my illness, that my pension is classed as a taxable income and I can't have any of it. 

I have read other threads that state that other ex-forces personnel kept all their pension without any benefit deductions. 

Am I wasting my time if I appeal their decision?

Any help or advice would be very much appreciated. 

SueHeath

Hi @Stuartves welcome to the community 
I can not help with the advise you need just wanted you to know your not being ignored.
I have a feeling some one WILL have the answer for you, when they are next on line.
We all just pop in and out during the day.
So please don't think we don't care.

poppy123456

Hi,

Any pension reduces Income Related ESA £1 for £1. Pension of up to £85 per week is only disregarded for Contributions based/New style ESA (currently £114.10 per week) As at least part of your ESA was Income Related then reducing it £1 for £1 will be correct.

May i ask who told you that it wouldn't affect your ESA? Appealing this will not help because it's in the regulations that a pension reduces Income Related ESA £1 for £1.

See link, which gives and example for those that claim a pension with either Contributions based or New style ESA. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/esa-how-much-you-can-get/

poppy123456

@Libby_Scope that's not correct. Please check the link you posted, it does say that the £85 per week disregard applies to Contibributions based/New style ESA only. It doesn't apply to Income Related ESA.

calcotti

@Libby_Scope 
You missed out the heading of the section you quoted

If you get either new style ESA or contribution-based ESA

OP says they get income based ESA (from which pension income is deducted in full).
The same page says

If you get income-related ESA

To work out how much income-related ESA you should get, you need to:

1. Check the basic amount you can get 
2. Add on any extra amounts – these are called 'premiums'
3. Take money off if you have income
4. Take money off if you have savings or you own a home

If you end up with zero or less than zero, you won’t get any income-related ESA.

stuartves

Thank you for all your comments. I have just written to them as I have 30 days to appeal. In the letter I have asked them to explain to me exactly why my pension has been deducted and asked them to reconsider their decision. I suppose nothing ventured nothing gained. If regulations state I lose the pension then so be it. However if I can have it in writing rather than being explained to me over the phone at least I can ensure that their decision is correct. I have just found out an old letter from 2021 and it states that the ESA I am on is based on my National Insurance contributions. 

calcotti

stuartves said:

Thank you for all your comments. I have just written to them as I have 30 days to appeal. In the letter I have asked them to explain to me exactly why my pension has been deducted and asked them to reconsider their decision. 

There is nothing for them to consider. Pension income is deducted in full from income based ESA.

stuartves said:
 I have just found out an old letter from 2021 and it states that the ESA I am on is based on my National Insurance contributions. 

You may have a mixed award in which case the first £114.10 of your ESA is contribution based and is not affected by the pension. Any ESA in excess of £114.10 is income based and will be reduced pound for pound by your pension.

poppy123456

asked them to reconsider their decision.

There's nothing for them to reconsider because it's written in the regulations that it reduces it £1 for £1.

ESA letters are extremely difficult to understand for a lot of people. Are you in the Support Group? if so is your ESA more than £114.10 per week? Does your ESA include the Severe Disability premium?