IB/ESA and Occupational Pension

[sunnysideup]

Hi,

 

I'm sorry if I will sound very stupid, but not well at the moment due to kidney infection...anyway, I am having trouble finding out whether a deduction should be made in respect of my OCCP, even though I was on IB prior to 2001. I have asked the question on someone else's thread.

 

It seems that the job centre are saying I have been overpaid ESA for the period Sept 11 to Jan 12 (Sept I was transferred onto ESA WRAG)...as they didn't know about my OccP...I don't understand why they wouldn't have known, but don't have paperwork anymore going back so far. Surely, even though I was on IB, I would have provided information about pension? Could it be a case of the records just not being updated, and if so what is the best course of action please?

 

Very frustrated with it all.

 

Sunny.

[MIKEY DABODEE]

If you get an overpayment then appeal within one month quoting

 

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

as long as you made your claim before 6 4 01 Very Important date.

If you are not sure ring your BDC and IB can give you the excact date....

[sunnysideup]

Thanks. I do have an overpayment but the appeal period is over as I thought the job centre were correct as I phoned them about it.

 

I will write however, because they obviously are totally unaware of the disregard. It's so hard to keep fighting when you're not well and have good days and bad days.

[flumps1976]

You can submit an appeal after 1 calender month but you will need to state the reason why it is late, so you can state that you have since discovered this information and are submitting a late appeal

[sunnysideup]

Thanks so much, I'll do that.