Earning limit on benefits and pension

[bjj12]

I do supported permitted work and on good weeks earn around the £99.50 limit that I am allowed to earn whilst on IB. I have just read recently that if you contribute to a private pension that this is deductable from your earnings. I try to put the maximum £2808 (made up to £3600 via tax rebate). Does this mean that I can earn an extra £54 (or £69) per week? I am registered as self-employed. Does anyone know?

Thanks

bjj

[nickd]

Hi bjj12,

Can you just clarify whether it is definitely (I suspect it is) contribution based Incapacity Benefit which you are on and what your age is please? The reason I ask is a lot of people on incapacity benefits are actually on what is known as 'incapacity credits' for Income Support.


When you say an 'extra' £54 or £69 per week do you want to know if this in addition to the £99.50 upper supported earnings limit?


Cheers

Nick

[bjj12]

Hi Nick

Thank you very much for responding.

I am on contribution (NI based) IB (in process of conversion to WRAG ESA). I am 53.

I am careful to stick to the £99.50 earnings limit but I read on the Carers UK Facebook page today that if you contribute to a private pension you can in effect earn more as it can be deducted from your earnings. i.e if you contribute £50 a week to a pension then you can earn £99.50 + £50 (£149.50) without it affecting your IB/ESA. Before I start doing this I thought it would be better to check. I am stressed enough about the ESA conversion without complicating it even further!

Thanks

bjj

[nickd]

Hi bjj12

There are potentially a few problems here but let's just work through them...

You say in process of 'conversion' to ESA in the Work Related Activity group (WRAG). How far down the line is the conversion - have the DWP made a formal decision?

If you are placed in the WRAG rather than the 'Support Group' you will only remain entitled to contributory based ESA for a maximum of one year - have they told you this?


After the year is up you can go on to claim 'income based' ESA providing you do not have excess savings and excess income (it also means the supported earnings may be treated as income less a disregard for what you are allowed to keep).


The second problem is that under IB you could do the permitted supported work for longer than a year but under ESA you may find this has been limited to no longer than 12 months.


When they introduced the conversion rules they pledged to provide 'transitional protection' which should ensure your rights as an IB claimant are carried over to ESA upon conversion. However my concern (and I am challenging a lot of these cases) is that IB claimants are not getting the protection under the rules which they were promised.


Have you sought the advice of a specialist to make sure the DWP is doing everything correctly in terms of the conversion process?


Try not to get alarmed as they may have provided for this within the transitional rules - I'll see if I can check this out for you but would encourage anyone affected by these rules (which are complex) to seek advice?


Have you been told you are definitely in the WRAG for ESA?


Regards

Nick

[bjj12]

Hi Nick

Thanks for getting back to me.

I have also been posting in the 'Incapacity to ESA conversion thread'.

I have been placed in the WRAG group and have a work focused interview scheduled for next week - 11th January. I am going to appeal this decision.

They told me about the 1 year limit in the letter telling me I was now in ESA WRAG group.

I spoke to them on the phone about supported permitted work as when I was on IB it was unlimited. Lot of confusion! Person at JobCentrePlus told me that at the end of the year I could ask to do another year but it was a long and complicated process to get "permission" to do this.

I haven't sought the advice of a specialist - where do I find one?

Thanks for your help Nick - much appreciated.

bjj12

[nickd]

Ah so you did Bjj12! Try a local CAB, solicitor or law centre displaying a green 'Community Legal Service' logo first or welfare rights agency and let me know how you get on? Key thing is to firm up your argument to get in Support Group as a lot hinges on it :-)

Regards

Nick

[bjj12]

Hi Nick.

Thanks I will do that.

I have registered the fact with JobCentrePlus that I disagree with their decision to place me in the WRAG group.

They have said to still attend work-focused interview on Friday and they will look at my case more thoroughly then.

Thanks for all your help.

bjj12

[dunserving]

Nick,

When I went to my DLA tribunal in early 2012 I was the only one there not having a representative, mainly as I was unaware where I could get someone to assist. Where would I have been able to get one from?

[nickd]

Hi Dunserving,

It varies regionally but there should be access to one via the 'Community Legal Service' funded by legal aid (but only up until end of March next year so some may not be taking on new cases) in the 'specialist help' category for welfare benefits. They're generally accessible through CAB and law Centres. Strictly speaking its only to cover the costs of preparing the case and then sending the client to the tribunal fully briefed with a written submission and all the guidance they need in getting the right evidence.


However it's only a fixed fee of £150 which the organisation is paid for the case regardless of how long it takes. - it's very low after paying out wages and overheads. I and quite others will consider the merits of the case and represent regardless of the funding issue where I feel the success of the case makes the difference and will agree to attend the tribunal on a purely 'pro-bono' basis.


There are other disability groups who provide advocacy but funding for all of us is becoming a serious issue.


There is a section on the forum for contacting agencies but HMG has changed so many of the national links so they may not all be up to date. We are soon going to be looking at an update once we know who is left in the fray when it comes to fighting benefit cases at specialist level.


Hope this helps? Please do let me know if you can't find the link on the forum (accessible through the main index) and I'll locate for you?


Cheers


Nick