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ESA Transitional Protection
- robin.ord14@btinternet.com
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5 years 9 months ago #214421 by robin.ord14@btinternet.com
ESA Transitional Protection was created by robin.ord14@btinternet.com
Hello,
I wonder if you could clarify something for me regarding being in receipt of ESA (IR) Support Group and the Severe Disability Premium, with a review date October 2019, as I now live in a full UC Service area.
I was trying to establish how the scheduled review date is classed (Managed or Natural Migration) by the DWP when I’m now in a full UC service area, as I understand Managed Migration allows for Transitional Protection, whereas Natural Migration does not.
I could not find anything bar the following section from the statement HCWS745, issued by : Esther McVey (The Secretary of State for Work and Pensions) on 07-06-2018 :
Today I am announcing four additions to these rules to ensure that Universal Credit supports people into work, protects vulnerable claimants and is targeted at those who need it.
In order to support the transition for those individuals who live alone with substantial care needs and receive the Severe Disability Premium, we are changing the system so that these claimants will not be moved to Universal Credit until they qualify for transitional protection.
This is still not that clear, so, I was hoping to get clarity on the following, assuming no change in circumstances and that I haven’t been requested to claim UC under Managed Migration :
a. Would the review trigger a Managed or Natural Migration (the statement seems to suggest Managed now)
b. Would the ESA claim be reviewed as it has been previously, at the expected date, with an ESA50 and continued ESA, even when in a full UC area, until the DWP are ready to request I claim UC under Managed Migration to ensure Transitional Protection.
c. Would the review date be ignored altogether and the existing claim automatically continued until the DWP are ready to perform a Managed Migration to ensure Transitional Protection.
Thanks in advance.
Robin
I wonder if you could clarify something for me regarding being in receipt of ESA (IR) Support Group and the Severe Disability Premium, with a review date October 2019, as I now live in a full UC Service area.
I was trying to establish how the scheduled review date is classed (Managed or Natural Migration) by the DWP when I’m now in a full UC service area, as I understand Managed Migration allows for Transitional Protection, whereas Natural Migration does not.
I could not find anything bar the following section from the statement HCWS745, issued by : Esther McVey (The Secretary of State for Work and Pensions) on 07-06-2018 :
Today I am announcing four additions to these rules to ensure that Universal Credit supports people into work, protects vulnerable claimants and is targeted at those who need it.
In order to support the transition for those individuals who live alone with substantial care needs and receive the Severe Disability Premium, we are changing the system so that these claimants will not be moved to Universal Credit until they qualify for transitional protection.
This is still not that clear, so, I was hoping to get clarity on the following, assuming no change in circumstances and that I haven’t been requested to claim UC under Managed Migration :
a. Would the review trigger a Managed or Natural Migration (the statement seems to suggest Managed now)
b. Would the ESA claim be reviewed as it has been previously, at the expected date, with an ESA50 and continued ESA, even when in a full UC area, until the DWP are ready to request I claim UC under Managed Migration to ensure Transitional Protection.
c. Would the review date be ignored altogether and the existing claim automatically continued until the DWP are ready to perform a Managed Migration to ensure Transitional Protection.
Thanks in advance.
Robin
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5 years 9 months ago #214454 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Transitional Protection
Robin
I'm afraid, as of today, the situation is no clearer than it was before the Minister spoke in the house.
The problem is when Ministers do this, they speak in ignorance of the practical implications of implementing these changes, in this case there is a requirement to not just change DWP procedures but also to amend the UC legislation.
So all I can say is that at the moment nobody's "legacy" benefits are being moved to UC unless the claimant needs to make a new claim for one of the benefits that come under the UC banner, most Changes of Circumstances should not result in a move, an obvious exception to this would a claim for Housing Benefit in a new Local Authority.
At the moment there is no Transitional Protection for claimants making a new claim for UC, although the Minister's statement suggests that this may be done retrospectively, just not how.
When the Managed migration of legacy benefits starts, not sooner than summer next year, there will be Transitional Protection.
As the situation becomes clearer we will make members aware through the Newsletter.
Gordon
I'm afraid, as of today, the situation is no clearer than it was before the Minister spoke in the house.
The problem is when Ministers do this, they speak in ignorance of the practical implications of implementing these changes, in this case there is a requirement to not just change DWP procedures but also to amend the UC legislation.
So all I can say is that at the moment nobody's "legacy" benefits are being moved to UC unless the claimant needs to make a new claim for one of the benefits that come under the UC banner, most Changes of Circumstances should not result in a move, an obvious exception to this would a claim for Housing Benefit in a new Local Authority.
At the moment there is no Transitional Protection for claimants making a new claim for UC, although the Minister's statement suggests that this may be done retrospectively, just not how.
When the Managed migration of legacy benefits starts, not sooner than summer next year, there will be Transitional Protection.
As the situation becomes clearer we will make members aware through the Newsletter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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