Fibromyalgia Action UK
38,638 members50,901 posts

ESA cut because I've an Occupational Pension, can I appeal??????

Hi, I'm in the ESA Support group, a DWP lady came to check on my benefits, took my P60 and letter from employers stating they were retiring me due to ill health. Then a letter comes to say my benefits have gone down from £106 p week to £12, with no explanation. I rang them and they just said it was because I'd got an occupational pension (which is not a fortune by any means). Can I appeal and if so on what grounds. I had to retire in 2004 and did tell DWP at the time.

11 Replies

I understand that any money from a pension is taken into account now and payment of benefit, is therefore, reduced accordingly....another benefit reform. I don't think that you can appeal this, but stand to be corrected, if anyone knows better.


this as been the case since 2001 its not a recent reform. the info has been in the leaflets that come with the award notices back to incapacity benefit days too.... ES has taken over from Incap benefit for awhile now, please see the info i have posted below. hope this helps xx


Hi lcm27, hope you're well today. I have been in a similar situation myself. I retired in September 2009, because of my heart disease asthma, but mainly my fibromyalgia. I tried to get Income - based ESA, but my pension (which is not a fortune either!!) was just over the limit to be able to get it. It's worth appealing, or asking them to give an explanation of their decision. Good luck with it all xx


ESA is either paid as income based or contributions based.

Income based takes into account any money you have coming into the household and will be reduced accordingly on this basis I wouldn't get anything as between hubby's wages and my work benefits we get too much.

Contribution based is based on your NI contribution but the new reforms mean it's only payable for 1 year if you are in the work related group or continously if in support group.

I got caught out as I got contributions based because of my work health insurance that pays sick benefits (still paying into a system that screwed me) at reduced rate for a year as I'm still waiting on my appeal 15 months after my ATOS farce of a medical


I'm afraid there is no appeal process for this ruling.

i believe however that had you have been in receipt of incapacity benefit prior to 2001 (i think this is the date) that pension income wasn't taken into account.

I dont know if this is the same for income based ESA but for contribution based ESA you are entitled to keep the first £85 of the pension income and 50%of the remainder.

Income based ESA the rules may be different and all may be taken into account.

Any pension income would also be taken into account as a household for council tax benefit too

if you were in receipt of contributory based Incapacity benefit continuously since prior to April 2001 and you are on Contributory Based ESA now, write to the ESA office, care of the manager, don't bother ringing as the call centres are often unaware of these old rules, but if you have been on contributory benefit since then, just read the leaflets that came with your old award notice as the info is in there. it may not be in current leaflets.

hope this helps xx

1 like

Hi everyone, thanks so much fr all your replies, has helped clarify things. Didnt think I stood much of a chance. However my hubby took early retirement last yr partly to look after me, although he got a payout his occ pension is very low, so might ask to go on income-based ESA. Now also gonna apply for PIP and Carers. NHS Choices website under care and support has got a great section on ESA, PIP/DLA plus benefits. A lot of reading, and I can only do a bit at a time before the grey cells glaze over, but well worth ploughing through, lists all benefits, but seems a lot of them you can only get if you get DLA/PIP. So here we go down that route, wish me luck!!!!!


Hi, i get a small pension of £12.60 a very small, when i was called into the JC office to see someone they said oh we'll deduct that off you ESA...we'll make sure you're no better off. Thankd for that one then..not a big amount but it did help. xx


I so feel for you Shortnsweet. I understand caps on benefits, I understand fraud, cos there are people claiming who shouldnt be. What makes my blood boil is that we have had to contribute to an occ pension, pay tax on it now we need it and it aint a fortune, would that I had been head of a bank with million pound pension. When willl they get it into their thick heads we liked working, we dont like permanently being unable to do even normal things, we liked a decent monthly income and holidays etc. Not a miserable day to day existence with a pittance handout from government which we have to fight tooth and nail for. I have just filled in the Limited Capability for work questionaire, if I have to go for a medical for a measly £12 a week, I will go mad. Aint life grand, at least sun is shining today. xx


in reply to the fact to the fact that you are getting £12 per week due to your occupational pension ,how they work out the amount you get s they look at an amount over £85 that apply s to contributions and income based ESA and pensions credit ,so example being you get £100 per week or £400 a month they take the weekly amount of £100 that is £15 over the £85 then they half the £15 which is £7.50 pence so as you have an non state pension you are due to be paid £77. 50 benefit per week .on top of your non state pension of £100 per week this apply's for non state pensions .just Google ESA and personal and occupational pension .the DWP has been scamming people just go online and read all about this. then you appeal .and claim special payments for loss of benefit google that as well .this apply s to every one both men and woman over 60


the regulation for the above is found in deductions for pension payments and ppf payment reg 74 section 67 of the ESA reg 67 2012



i am having ESA cb also in the support group

i am in the process of finishing work on ill health, i have been on long term sick for some time now.

I have a small LGPS pension to come to which i already been given rough set of figures. This gives me a small lump sum tax free of about £7500 and a weekly payment of around £148, taxable. I'm waiting for the final letter to come from pensions company as soon as i receive my payment of 12 weeks pay in leu.

firstly....after aprox calculations 50% of everything over £85 but need to know if its on the £148 before or after tax.

secondly....i understand my pension can even be given in a greater tax free lump sum which would obviously reduce my weekly payment which would allow me to pay less tax and less deductions on my it as easy as that

thirdly....would my 12 weeks pay in lue and missed holidays payment effect my esa


You may also like...