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Universal Credit transitional protection

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5 months 1 week ago #292483 by Lostandfound22
Universal Credit transitional protection was created by Lostandfound22
Dear All,

We have applied to UC as part of our transition from Child Tax Credits and we are entitled to transitional protection. I have a small income and am now asked to look for a full time job as part of my commitment. However I have bought flight tickets some time ago to take my disabled son (middle DLA) abroad for 6 weeks to see my family during Summer holidays. We don't have any family childcare support in the UK and it is very hard to look after him full time. We cannot afford childcare on holidays. My husband is 65 and he is officially a main carer to our son, but I do a lot of caring as well without a status of a carer.
As part of my commitment to find a full time job I can go abroad up to a month only. My son hasn't seen my parents for more than a year and it is a shame to cut his holiday short.
My question: Is it possible for me to swap roles of full time carer with my husband for the duration of my trip? Does it affect transitional protection?

Thank you in advance for your advice.
Regards,
Olga

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5 months 1 week ago #292513 by Gary
Replied by Gary on topic Universal Credit transitional protection
Hi Lostandfound22

Welcome to the forum.

You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.

When you get your transitional letter, it is all about the timing as to when you apply for UC, you have up to 3 months and a day to apply, this is know as the deadline day, if you make a claim after your deadline but before your final deadline day, you will be treated as making a qualifying claim from your deadline day.

Once you have applied for UC, you cannot go back on legacy benefits.

ou continue to be entitled to PIP, AA and DLA during a temporary absence (defined as unlikely to exceed 52 weeks) abroad for:

~ the first 12 weeks; or
~ the first 26 weeks, if the absence is solely in connection with medical treatment for your illness or disability that began before you left the GB.

AA Regs, reg 2; DLA Regs, reg 2; PIP Regs, regs 17 & 18

The above information is from Disability Rights Handbook Edition 46 April 2021 - April 2022 page 281 Chapter 56, 2 Disability Benefits

I have also found the following Gov.UK link: www.gov.uk/claim-benefits-abroad/disability-benefits which confirms the above information.

If you go abroad, you can continue to get Universal Credit for one month.
You must:

* be eligible for Universal Credit when you’re going abroad
* remain eligible for it while you’re abroad
* tell your work coach that you’re going

It will not make any difference as to whom claims CA with your UC claim.

Gary

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

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