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Do you lose transitional protection on UC if you are later found fit for work
- aeris2001x2
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2 weeks 3 days ago #300972 by aeris2001x2
Do you lose transitional protection on UC if you are later found fit for work was created by aeris2001x2
With the recent announced benefit cuts, and the likelihood I will lose my PIP when I get reassessed because of the 4 point rule, I am trying to take stock of my move to UC next month, as I will move under managed migration in two weeks. I currently get Work group ESA and Severe disability premium, the latter should be reflected in transitional protection.
But what happens if I am later reassessed by WCA and found fit for work? Will the transitional protections increase so I am still getting what I got on ESA, will they stay the same of lose them? I can’t find an answer anywhere on google, and Google AI is giving me conflicting information, sometimes it says I will lose them, sometimes it says I wont, depending on how I word the question, so can’t be trusted.
I appreciate that the law could change anyway soon with the cuts Labour are doing, particularly since WCA itself is getting scrapped in 2028. But I would just like to confirm what situation would be under current laws, as I need to prepare as best I can before the cuts come.
Thanks to anyone who can help.
But what happens if I am later reassessed by WCA and found fit for work? Will the transitional protections increase so I am still getting what I got on ESA, will they stay the same of lose them? I can’t find an answer anywhere on google, and Google AI is giving me conflicting information, sometimes it says I will lose them, sometimes it says I wont, depending on how I word the question, so can’t be trusted.
I appreciate that the law could change anyway soon with the cuts Labour are doing, particularly since WCA itself is getting scrapped in 2028. But I would just like to confirm what situation would be under current laws, as I need to prepare as best I can before the cuts come.
Thanks to anyone who can help.
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- David
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2 weeks 3 days ago #300983 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Do you lose transitional protection on UC if you are later found fit for work
Hi aeris2001x2
Your Transitional Protection is best thought of as a top up payment. So if your UC standard allowance reduces because for instance you are found fit for work then your Transitional Protection remains unchanged. It is when your UC standard allowance increases for instance because you get a child element that you don't get the increase instead the Transitional Protection is eroded by the amount of the child element.
In the end everyone in time will lose all their Transitional Protection which is what was planned when the Tories created UC.
David
Your Transitional Protection is best thought of as a top up payment. So if your UC standard allowance reduces because for instance you are found fit for work then your Transitional Protection remains unchanged. It is when your UC standard allowance increases for instance because you get a child element that you don't get the increase instead the Transitional Protection is eroded by the amount of the child element.
In the end everyone in time will lose all their Transitional Protection which is what was planned when the Tories created UC.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- aeris2001x2
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2 weeks 3 days ago #301027 by aeris2001x2
Replied by aeris2001x2 on topic Do you lose transitional protection on UC if you are later found fit for work
Thanks for reply!
Ah ok, that’s really important to know, so unless Labour change the law, I won’t lose the transitional protection/premiums if found fit for work. I assume the same will happen if I lose my PIP, the transitional protections won’t be lost. And just as you say get eroded by inflation over time. That will take the sting out of things a bit, the cliff edge won’t be as bad as could have been.
Ah ok, that’s really important to know, so unless Labour change the law, I won’t lose the transitional protection/premiums if found fit for work. I assume the same will happen if I lose my PIP, the transitional protections won’t be lost. And just as you say get eroded by inflation over time. That will take the sting out of things a bit, the cliff edge won’t be as bad as could have been.
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