ill health pensions and esa

[patm17]

i was on ib beneyfit and came off it for 6 weeks in aprill 2011 thay siad i would have to apliy for esa in which i did and know say iam not intilalled to esa becase of my ill health pension income based or contribution based esa my ill health pension was detemmed by the department of the environment by the secretary of state.

[PatriciaAnn]

This might help Pat

direct.gov.uk/en/MoneyTaxAn...

PatriciaAnn

[patm17]

whot the deparment for work and pensions are saying that to qualify for pension income rules you whould have to of payed 6 mouths national insurance contribution before a claim to esa class 1 contributions have been paid or treated as paid and class 2 contributions with earnings in respect of the last two complete tax years before the beginning of the relevant benefit year

[Dbis22]

This is quite complicated although I suspect what you have been told is right. Even contribution-based ESA is reduced (or wiped out completely?) if you have sufficient income from an ill-health pension.

Although I know they are VERY busy at the moment it may be worth a call to the CAB or your local Welfare Rights office to arrange an appointment. Otherwise, post a question on the Benefits and Work forum as I am certain someone there will be able to assist.

Good luck!

Dave

[kath12341]

Hi I work on taking new esa claim. recently the rules were changed and you only get esa contribution based for up to 12 months, So a lot of people who have been long term sick find they no longer qualify .Unless you are in the support group when slightly different rules cam apply . You can only get one income based benefit per household and other income such as savings or pension but not dla are used to calculate your enttilement. So if your are getting pension it is used to calculate your income and may be why you dont qualify.

[Dbis22]

I believe that if pension is pre-2001 that it is disregarded.

[patm17 in reply to Dbis22]

hi dblox do you have enney moor infor as to pre 2001 and ill health pensions as i have been to an cad addvicer and thay do not know and thay asked the pensoin who addvices them and thay do not know

[Dbis22]

I found this ...... I hope it helps! I am really not sure if that applies if you haven't been on IB continuously? Maybe Benefits and Work would help you with that?

Pensions prior to conversion

45465 Certain pension payments or PPF periodic payments, described at DMG 44716 et seq, do not fall to be deducted from ESA(Cont). In addition any pension payment or PPF periodic payment is disregarded1 where

1. the claimant was entitled to IB immediately before conversion to ESA and

2. IB was not reduced by a pension or PPF payment2 because

2.1 the claimant was entitled to DLA care component at the highest rate3 or

2.2 the claimant qualified for IB under the provisions for those incapacitated in youth because of previous entitlement to SDA4 or

2.3 the claimant was entitled to IB before 6.4.01 on any day of IfW in a PIW

which began before and continues after that date5.

1 ESA (TP, HB & CTB)(EA)(No 2) Regs, Sch 1, para 11; ESA Regs, reg 75(1)(g); 2 C & B Act s 30DD(1);

3 SS (IB) Regs, reg 26; 4 reg 19; 5 WRP Act 99 (Commencement No 9 and Transitional and Savings Provisions)

Order 2000, Art 3

[patm17]

thanks for your answer i had a first tier tribunal on 29th june weare the appeal was adjourned by the judge for a short further submission weaer the secretary of stateis is to produce that the appeliant does not satisfy the conditions for income based esa his applicable amount and an income calculation.the judge all siad it became clear during the hearing that there is a possibillty that the appellant might be emtitled to ib esa the secretary of state has not included in the submission any reference to that possibility merely inclading in the decision letter a statement that he is not entitled.if i can win this appeal i know it will help a lot of other peapole whith ill health pensions.

[patm17]

from [ patm17] this is an update to my post of 30th jul 2012 and is verey inportant to every one claming ESA i had my second tribunal hearing first tier were my clame for ESA appeal was ALLOWED My Advice manager from my communtiy centre successfuley argued on the 20th september 2012 [ confirmation from cpag handbook p790 that the relevant benetfit year for contribution based jsa and for contribution based esa is the one that was used for original ib claim

the relevant benefit year for contrbution based jsa is the benefit year which the job seeking or limlted capacity for work began or if earlier the benefit year in which a period that is LINKED to the job seeking period began.

The relevant benefit year for CONTRIBUTION ESA is the benefit year in which your current period of limlted capability for work started however if you otherwise would not meet the contribuition condition for contributory ESA. your relevant benefit year can instead be any benefit year which includes any part of your period of limited capability for work [ or any part of any periods of limited capababillty for work that can be Linked to your current period]

CPAG HANDBOOK pg 395

A LINKED period is any period during which you

are entitled to carers allowance but ony if this allows you to get contribution based jsa when you would not otherwise satisfy the contribution conditions or are incapable of work or treated as incapable of wok or have or are treated as having limited capability for work

LINKING RULES

Different periods of limited capability for work maybe joined or LINKED together together to form one continuous period different periods are LINKED if not more then 12 weeks apat.

in conclusion the interition of all the various LIINKING for ib jsa and esa is that if you have a conitinuous seamless succession of claims your national insurance contrbutions years will always be the same ones.

This confirms that the esa claim should have been based on the same contrbution years as the original ib claim therfore contribution based esa should have been awarded.