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RE NEW ESA RULES REGARDING PENISION/SAVINGS ETC

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13 years 9 months ago #47035 by sheleo
Gordon wrote:

waltwhitman wrote:

If you have an Occupational Pension that began before 2001 is it still disregarded as income or have they changed the rules? I know they're still dithering about paying tax on pensions for those whose claim began sometime in the 90's but I haven't seen much about the pre-2001 issue. Any advice much appreciated.
Thanks,
WW

I've found mention of this with regard to IB, but no equivalent in the ESA regulations.

Gordon

This is a real worry to many of us with modest occupational pensions granted on the grounds of ill health. I guess we wont know until we've been through the migration process. The uncertainty is very difficult and stressful. Is there any way of finding out?

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13 years 9 months ago #47038 by Callisto
Thats got me wondering with regards to at what stage do they start to means test you?
I am on Conts based IB so will expect to migrate at whatever point. Should I be successful and be placed in the WRAG for the one year, I will then exhaust my entitlement as my husband works. Does anybody have any suggestions as to at what point they will send you some form of "means test" form? My guess and it is only a guess would be when one was coming to the end of that year on ESA (having been migrated over from IB). It is an interesting point and one that I have thought about but can find nothing written. I suppose its useless in effect as
I wont be entitled anyway and I really doubt I would be placed in the support group with the current approach that the DWP are taking. So anyone have any thoughts on this as it may help other folk.
Callisto

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13 years 9 months ago #47040 by Gordon
sheleo

Reastically no, the problem is that everybody you could ask, CAB, Welfare Rights, etc. can't keep up with the cases that are pending.

You could try the DirectGov Benefits Advisor, it takes about five minutes to go through all the questions and can be quite accurate, it can also be completely wrong :)

www.direct.gov.uk/en/Diol1/DoItOnline/Do...ByCategory/DG_172666

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 9 months ago #47055 by skyblue4u
Hi Gordon,
Thank you Gordon for your reply. Does this mean that if you are placed in the support group that you are not going to be subjected to means testing?, even after the one year? Have they decided to Tax ESA yet from people who have been on Incapcity before 1995?

From seperate queries ive seen on my origanal question, do people get taxed on pensions that they have been in receipt from 1995.
Sorry to seem so thick but its an issue that know matter how much i look at things i dont understand.

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13 years 9 months ago #47058 by Gordon
Skyblue

Yes, if you are in the Support Group then you avoid the one year rule and would remain on ESA(CB).

The amendments to the ESA regulations, that enable the IB transfer do not contain any special provisions with regard to tax liability, so the existing ESA rules remain in effect, i.e. ESA(CB) is liable to tax, ESA(IR) is not.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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13 years 9 months ago #47061 by skyblue4u
Hi Gordon,
The speed of your reply has amazed me, certainly was not expecting that.

So am i right in thinking that if you are in the support group you remain in it after the one year rule, on CB ESA.

But are you the still means tested as to your income after the one year, even though you are in the support group?

You must get extremely fraustrate with questions you think you may have answered and im just not grasping it

Thanks again for such a prompt reply

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