IB to ESA Refund & OCCUPATIONAL PENSION

[clarion48]

Hi.....

 

Towards the end of last year I was sent an ESA3 by the DWP with a letter explaining that I might be owed money from when I was transitioned from IB to ESA....they stated the dates from 2013.

 

At the time I didn't respond because I thought I was exempt because of an occupational pension but the DWP telephoned me in the New Year - the lady said I should still apply as it wasn't necessarily the case that my pension would make me exempt. I filled out the form and sent it back. In the meantime, I read up on other cases and believe that my pension should not be counted as I was in receipt of it prior to conversion so it was disregarded. I receive some HB and on this form each year they state that I receive Enhanced Disability Premium - I do not and never have done to my knowledge.

 

18 weeks after submitting the ESa3 form I finally get a letter from the DWP telling me I am not entitled to the back dated monies - when I looked through the paperwork they sent I found that they have included my occupational pension as income that should be taken away from anything I am entitled to even though it should be disregarded and has always been disregarded.

 

I then received a second letter which says I would have been entitled to a transitional addition since being moved from IB on the grounds of disability and they will credit my NI contributions - totally confused! 

 

It it says that I can apply for Mandatory Reconsideration - I am just outside the time frame for this but have been receiving treatment for cancer so I think I have extenuating circumstances.

 

Would very much appreciate any advice on what to write please.

 

[lenny100]

they did the same to me and stood by the desition when i did a MR

 

[anmarj]

Income related ESA is treated differently to contributions ESA, as all income is considered, that is what they are were looking at. 

 

Edited August 7, 2019 by anmarj

[clarion48]

Thanks anmarj but I am not on IR(ESA) and never have been  - I am on contribution based and as far as I am aware, any occupational pension you were on at conversion is disregarded so it should not have been included.

[lenny100]

the problem is we dont know the rules as they are always changing them or keeping them secret.

 

 

[anmarj]

That was why you were sent the Ea3 to see if you were missing out in the IR entitlement! As people who were converted to EsA were never considered for the IR elements when converted and possibly missed out on extra premiums that they could have potentially been entitled to. 

 

https://www.turn2us.org.uk/About-Us/News/Has-your-ESA-been-underpaid

[clarion48]

17 hours ago, anmarj said:

That was why you were sent the Ea3 to see if you were missing out in the IR entitlement! As people who were converted to EsA were never considered for the IR elements when converted and possibly missed out on extra premiums that they could have potentially been entitled to. 

 

https://www.turn2us.org.uk/About-Us/News/Has-your-ESA-been-underpaid

 

Yes, I am already aware of that anmarj! 

20 hours ago, lenny100 said:

the problem is we dont know the rules as they are always changing them or keeping them secret.

 

 

 

Not helpful lenny100!