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Transitional protection whilst awaiting PIP appeal
5 years 6 months ago #218227 by Linda
Transitional protection whilst awaiting PIP appeal was created by Linda
Hello all!
I am an appointee for someone with mental health issues who has just lost their middle rate care and lower rate mobility DLA after his PIP interview and the therefore also the ESA single person severe disability enhancement which he had been on since 2012
The MR has been sent to PIP and although no-one seems to win that, we are confident that he will get at least the standard rate and possibly the enhanced rate for the care.
I am not so sure about the mobility rate being won at appeal even although the newest ruling about mental health being a mobility barrier has been won.
He is in a private rent that is about £62 a week over the LHA per month as his health has meant that no room mate could move in. He is also a hoarder.
The idea of moving him into smaller accommodation before the PP appeal results and the stress that would involve is overwhelming to me and crikey, I consider myself to have pretty great well being and mental health- so I cannot see that option being anything but awful for him- plus a house move would trigger a forced migration to UC with even more paperwork and it would mean once he wins that PIP appeal he would be on less as there is no transitional protection for someone who moves house and is then forced to claim UC.
I did apply for DHP and got that for 6 months to top up the rent so he now is living on the ESA of £127 a week and the rent is covered . I was told that it is probable DHP could be awarded until the pip appeal rolls around. I am very grateful this exists and have even said we would be happy to pay the LA back once he wins backdated PIP!
So that is the background.
My question is about transitional protection.
This PIP appeal could take over a year (15 months in his area).
UC natural migration may start by then.
If they migrate him onto UC before the appeal is successful then am I correct that he will not get transitional protection and hence he will be £42 a week worse off after successful appeal
OR
is it the case that with a successful PIP appeal because it is all backdated then he will get the same amount of UC as he was getting on DLA + enhanced disability premium -i.e becomes entitled to that protection.
Of course I am aware that we could win the appeal in 2019 and that he isn't actually migrated to UC until 2020 or even 2023 thus making my question moot.
.... but I do like to know the possible scenarios so i can give a heads up to the family.so they understand what is in store.
So sorry this is a confused message- but I am hoping that those of you who work in and around this daily get the gist of what i am asking and if not please ask away and I can see if I can do a better job of explaining. many thank yous Tania
I am an appointee for someone with mental health issues who has just lost their middle rate care and lower rate mobility DLA after his PIP interview and the therefore also the ESA single person severe disability enhancement which he had been on since 2012
The MR has been sent to PIP and although no-one seems to win that, we are confident that he will get at least the standard rate and possibly the enhanced rate for the care.
I am not so sure about the mobility rate being won at appeal even although the newest ruling about mental health being a mobility barrier has been won.
He is in a private rent that is about £62 a week over the LHA per month as his health has meant that no room mate could move in. He is also a hoarder.
The idea of moving him into smaller accommodation before the PP appeal results and the stress that would involve is overwhelming to me and crikey, I consider myself to have pretty great well being and mental health- so I cannot see that option being anything but awful for him- plus a house move would trigger a forced migration to UC with even more paperwork and it would mean once he wins that PIP appeal he would be on less as there is no transitional protection for someone who moves house and is then forced to claim UC.
I did apply for DHP and got that for 6 months to top up the rent so he now is living on the ESA of £127 a week and the rent is covered . I was told that it is probable DHP could be awarded until the pip appeal rolls around. I am very grateful this exists and have even said we would be happy to pay the LA back once he wins backdated PIP!
So that is the background.
My question is about transitional protection.
This PIP appeal could take over a year (15 months in his area).
UC natural migration may start by then.
If they migrate him onto UC before the appeal is successful then am I correct that he will not get transitional protection and hence he will be £42 a week worse off after successful appeal
OR
is it the case that with a successful PIP appeal because it is all backdated then he will get the same amount of UC as he was getting on DLA + enhanced disability premium -i.e becomes entitled to that protection.
Of course I am aware that we could win the appeal in 2019 and that he isn't actually migrated to UC until 2020 or even 2023 thus making my question moot.
.... but I do like to know the possible scenarios so i can give a heads up to the family.so they understand what is in store.
So sorry this is a confused message- but I am hoping that those of you who work in and around this daily get the gist of what i am asking and if not please ask away and I can see if I can do a better job of explaining. many thank yous Tania
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