Interview Under Caution - ESA and Occupational Pension

[Thun1964]

Hi There,

This is a long story so hope you are sitting down and got a cuppa.

 

I was medically retired from the NHS in 1997 and placed on IB, I also had a pension from NHS/CIS for about £70 now £73.(2016)

 

The DWP people were aware of the pensions from the beginning as the Hospital filled initial forms in.

 

In about July 2012 was converted to C ESA wrag group which I had a mandatory reconsideration and placed in support group in about Feb2013.

 

I then received a letter saying my C ESA was due to run out in August as id had my year i asked them what i should do and they said if i'm still Ill i could claim IR ESA to which i sent back forms. The next letter says my ESA will continue.

 

Just been reading up and it states that if in support group C ESA can continue indefinitely as long as you satisfy the medical conditions.

 

Im sure i sent pension details also.

 

Then in April 2016 they said i didn't tell them about pensions and that I was overpaid, and that they would write to me again.

 

This weekend i have received a letter Interview under caution as they want to speak to me over my pension freud.

 

So im stressed to hell, after googling a couple of thing am i reading things right.

 

Because my Pension was disregarded for IB in 1997 and in 2001 the rules where changed and pensions where now being taken into account and it is stated anyone before this date stayed on it whatever the size of their pension.

 

Surely then my Pension should be disregarded.

 

So now i'm being done for freud because they say i never told them apparently they new my smaller pension of £12.57 so they took that out of my ESA, should they have taken it out if i was pre 2001.

 

I don't know why they had no paperwork on pension 2 £57, even so its less than the £85 threshold they suggest. Phoned DWP and asked if i'm on C ESA and its less than £85 why are you taking it they said i'm on Both C ESA and IR ESA so they can take it. Why am i getting IR ESA if i'm entitled to be on C ESA indefinitely because i'm in support group.

 

Please Help me

[antone]

Hello - I've moved your post to a new thread where you should get more replies.

[Thun1964]

Hi Antone,

 

Can you tell me where you have moved it I cant find it.

 

Sorry and thankyou i must be having a blonde Moment.

 

Regards Maria

[tomtom256]

If it was disregarded under IB it won't show on your ESA calim as the information wasn't transferred and this is probably why you have been called in for an interview.

 

This rule regarding pensions is also hidden within the DWP guidance believe it or not and not all investigators are aware of it. There is also no way to check if it was or should have been disregarded under IB rules as the paperwork no longer exists. It's called Transitonal Pension Protection or something along those lines. If I can find the rule or name at work later today, I will post it up.

 

Attend the IUC and explain the above and you should be fine, alternatively ring the investigator and explain this and you may not need to be interviewed, however some of us investigators can be stubborn.

 

You will also want to appeal the previous OP as it should not have occurred and have your full rate of ESA reinstated if not already done.

[Thun1964]

Dear tomtom256,

 

Thanks for getting back really would appreciate information.

 

Can I ask a stupid question, even though my pension should be disregarded due to time frame and due to the numerous laws could they still do me for freud if they believed I hadn't sent them relevant information each year. Looked through what paperwork i have and even though i believe i did send information i have no receipt. Previously to April they were only taking off ESA £13 but from April they were taking the £73 i'm confuses if i'm in C ESA SG i should have remained anyway but the say I am on IR ESA an C ESA.

Any Ideas even though i think ill be Ok i'm still worried.

[tomtom256]

Apologies got called away today so didn't get time to check the regs.

 

If the pension is and should be disregarded there is no reason to tell them or notify them of any yearly uprating as it will not affect your entitlement, so there should not be an offence to answer to.

 

They may have taken more off your ESA to repay the overpayment as this is how they usually do it, you should have had letters about this?

[tomtom256]

Hi,

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/536674/dmgch45.pdf see section 45465 Pensions Prior to Conversion.

 

This should sort out the matter for you.

[Thun1964]

Thanks tomtom256,

 

I have printed off relevant pages hope this helps me.

 

My Solicitor has requested information on case.

 

Fingers crossed

[Thun1964]

Evening

 

Just a quick question I commenced on IB in 1998 after being medically retired from NHS.

 

I am being investigated for freud as they say i never made them aware of 2 private pensions of £73 per week.

 

Tomtom 256 pointed me in the right direction saying before 2001 when law changed pensions were not taken into account in IB.

 

What I need is any legal information I can take to solicitor and IUC.

 

Also there is guidance on C ESA saying you are allowed to get up to £85 without them taking it away from you, Im on both C ESA and IR ESA which i didn't know so do the 2 types cancel each other out.

[honeybee13]

Hello there.

 

I've merged your threads to keep the information together. I'm sure people will find your new query.

 

HB

[Cpt Scarlet]

Even if your pensions are disregarded in regard your ESA(CB) this does not apply to any ESA(IR) you are being paid, the pension should have been deducted from this £ for £. When you were moved to ESA(IR) you should have completed an ESA3 form, if you included details of you pensions on this then you should be covered as any over payment would be an official error, however if you cannot show this then the official position will be that it is your fault and you will be liable to the overpayment. You need to get advice from a trained welfare advisor.