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Refused Housing Benefit and not received a migration notice

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5 days 19 hours ago #303760 by K
Hello,
My Brother has a profound learning disability. I am his sister, appointee and advocate. He was forced to move to supported living accommodation from his residential home by social services with no transition period. I was advised by Citizen's Advice to apply for Housing Benefits. I have done and this was rejected due to the landlord being LTD company who makes a profit and does not meet the criteria any longer for Housing Benefit. They advised me to apply for Universal Credit. I have appealed this decision.

Universal Credit said I should not apply for UC until my brother receives a migration notice. They advised me to contact ESA who issue migration notices which include transitional protection. I spoke with multiple agents, wrote letters and currently going through the DWP complaints process to try and get them to issue a migration notice or transitional protection.

I was wondering if anyone has had any success with a similar situation or any advice. I have had numerous conversations with Citizens Advice (both local and national) and Disability Law Service, who advised the complaints process and legal action. I am also writing to my MP.

The move was forced by the local authority, this was not my brother's choice and so I can't believe that there is nothing in place to protect his benefits and ensure that his housing payments are paid.

I am currently waiting on a response regarding the appeal as well as response to my request for an early migration. Rent has been due since October 2024.

Any help would be much appreciated.
Many thanks for your time and energy reading this.
K

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5 days 18 hours ago #303761 by David
Hi K

If you cannot get free expert instruction from a Citizens Advice Specialist on this complex issue then you will probably have to pay for advice. I am aware of reputable advisers who contribute to the Rightsnet Forum.

David

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

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5 days 15 hours ago #303768 by AshleyMcab
Hi Was your brother receiving income based ESA and receiving Severe Disability Premium because in what they call natural migration he may still be entitled to a Transitional payment on his UC

The Severe Disability Premium (SDP) was a payment included in some legacy benefits to help with the costs of disability. When people who received the SDP moved to Universal Credit, they may be eligible for "transitional protection" payments to prevent a loss in income. These transitional payments are an additional amount added to the Universal Credit award to compensate for the loss of the SDP.

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4 days 23 hours ago #303778 by clearwater
Take a look at this post it may help, search

Natural migration to UC from IR ESA when in the LCWRA group getting SDP
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