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WTC migration to UC - questions re transitional protection & stopping UC

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8 months 9 hours ago #289441 by MDBond
Hi all,

Just some questions re my upcoming migration to UC from Working Tax Credit (WTC) as I don't want to end up in another mess alongside my current PIP one. I'm aware most advisors won't advise on WTC and that's fine, as my questions are mostly about UC

I received the migration letter from DWP a while ago, the deadline for me to apply for UC is April 6.
I understand if I do this, it gives me 12 months transitional protection (TP) for having savings over £16K and an additional top up to ensure I still receive my current WTC amount, for 12 months.
I currently get WTC with disability element as I have a basic PIP award.

I was looking into UC and discovered I need to 'apply' or confirm my finances with them every month, to continue receiving UC. I guess I have to do this online? I didn't know this before so just wondering what else I need to know/don't know.

I don't have a health assessment and believe I need one to keep receiving UC with the WTC disability element amount, however does TP mean the DWP cannot make me undertake any new health assessment in the following 12 months? Or they will lay off me for 12 months due to TP? Is there anything else they can throw at me during these 12 months? Readers of my PIP thread will understand I don't have much time or energy to deal with anything other than another possible PIP appeal, therefore I don't really want to get dragged into other things that the DWP will likely throw at me, when they see I'm challenging the recent PIP decision.

My plan was to claim UC for the 12 month TP period, and then stop claiming when the TP ran out. I have no intention to formally apply for UC or any other benefit especially after everything I'm going through with PIP.

On this subject, am I right in thinking all I need to do for the UC claim to stop is enter that I have savings above 16K for the 13th month and then they will automatically throw me out/close the claim? I hope that's the case as I don't want to have to jump through further hoops to close the UC claim. I just want it to stop and for them to shut everything down, and ideally delete my details of claim, although I doubt they'll do the latter.

Thanks so much for anyone's insight :)

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7 months 4 weeks ago #289493 by Gordon
MD

I will try and answer your questions in the order they were asked.

Yes, if your savings exceed the UC limit of £16,000 then you will only have one year of payments unless by the end of that year, your assets and savings have decreased below the limit and the DWP are happy with how this has been achieved.

Yes, you need to make a new claim for UC there is no automatic transfer process.

If you are employed then your employer should provide UC with your earnings each month, if you are self-employed then you need to report it, I think this is via your Journal but do not know this for definite.

Your current status is "Fit for Work" so when you apply for UC you will be placed in the All Work group.

If you believe you meet the criteria either for Limited Capability for Work (LCW) or Limited Capability for Work Related activity (LCWRA), these terms and the criteria are explained in our UC/ESA claim guide. Then you should present a Fit Note when you make your claim and ask for a Work Capability Assessment to be carried out, this will move you out of the Work group but you may still be asked to carry out WRA.

Reporting you still more than £16,000 will close your claim or you could just ask the DWP to close it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Sheila 966, MDBond

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7 months 4 weeks ago #289496 by dancer22
There is also the 'assumed income' rule to consider.
Any capital/ savings you have between £6,000 and £16,000 is treated as if it gives you a monthly income of £4.35 for each £250, or part of £250, regardless of whether it does or not. That means they assume you get £174 per month from your savings.
The documentation around this is rather confusing, but could mean that they give you TP but then take off the notional £174 so you end up with less than you were expecting.
The following user(s) said Thank You: Wendy Woo, MDBond

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7 months 4 weeks ago #289501 by Chris
Hi dancer22,

This is exactly what has happened to me, and still ongoing to this day. After my months rent is paid, I'm left with £104 UC, of which I'm having to use another £400 to £500 a month from my savings to keep on top of everything. The limit should be increased from £6,000 to £10,000 in my eyes as £6,000 is barely a few months worth of living costs.

Regards, Chris.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Wendy Woo, MDBond

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7 months 4 weeks ago #289505 by MDBond
Thanks Gordon, much appreciated :)

I guess that I don't need to supply a Fit Note if transitional protection applies for 12 months? Otherwise what is the point of TP? Surely it will only be after the 12 month period when TP expires that I will need to supply a Fit Note/go through the LCWRA, which I don't want to put myself through as I'm happy for my UC entitlement to 'expire' after the 12 month TP period?

I'm happy for anyone to link me to further guidance inside or outside of this website if there is any :)

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7 months 4 weeks ago #289506 by MDBond
Thanks Dancer, very helpful :)

I guess though this means there is no point to the TP, as it is meant to effectively 'top up' your benefit to what it currently is, for 12 months. And part of TP means you can have savings above the £16K threshold for the 12 months and again they can't penalise you for that.

Be interesting to hear from anyone who has been penalised in this way while under the TP arrangements, as I'm fairly sure the DWP can't do that, according to their own guidelines.
The following user(s) said Thank You: Sheila 966, Wendy Woo

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