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Basis for deferral of UC migration notice?

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1 month 2 weeks ago #294157 by cyngor2013
Basis for deferral of UC migration notice? was created by cyngor2013
We are a family of four; husband (severely disabled), myself (f/t carer) and children aged 18 and 15.

Our currently claim is for ESA, CTC, HB and CB as well as PIP for my husband.

We have been asked to migrate to UC by mid October 2024.

Due to serious health issues my 18 year old daughter will still be in full time non-advanced home education until after her twentieth birthday. Home education started in 2017 and the online accounts of both CTC and CB already have her end date as 2026.

I have seen it documented that claimants who receive CB and CTC with a child 19 in non- advanced education should be deferred from the managed migration to UC because of the difference in the way that UC defines a qualifying young person in full time non-advanced education.

UC defines the qualifying young person to be eligible only until the September after their 19th birthday rather than how CTC and CB define them as qualifying until their 20th birthday.

Should we ask if our managed migration should be deferred on the basis that we will lose out if moved to Universal Credit now?

Section 4 of this link shows the information, but can’t find the legislation at the moment.

www.royalgreenwich.gov.uk/downloads/file...sal_credit_factsheet

Do the advisors here believe the same rules should also apply if the child in question is 18 (with two years left in education) rather than 19?

Should I ask for a deferral of managed migration to UC on these grounds and if so:

Would it be best to write to UC or attempt to call?
What is the likelihood of the DWP cancelling the migration notice – has anyone come across other instances like this?

Thank you in advance

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1 month 2 weeks ago #294185 by Gary
Hi cyngor2013

You cannot cancel the migration notice, some claimants can ask for a suspension but it is quite complicated and you will need to seek advice from your local Welfare Rights Organisation; advicelocal.uk

The same goes for the age of your 18 year old, it would depend on when they turned 19 and if they have a placement in place, again seek advice from your WRO.

Gary

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

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