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ESA Managed Migration to UC
- frmarcus
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2 years 7 months ago #271615 by frmarcus
ESA Managed Migration to UC was created by frmarcus
Hello: Your kind advice, please. Disabled sister receives ESA (SG), PIP and HB. Managed Mig is round the corner ('24 at latest). As she is considered unable to manage her financial affairs I do this for her as DWP representative. I read somewhere that if claimants cannot themselves manage to claim UC when they receive the 'migration' letter they will be given extra time to do this rather than the standard month or so.
As sis is in this position (minus my being able to do this for her), is it know how long she could remain on existing benefits? This is pertinent because she is under old HB rules (tenancy from '94) more generous than LHA, which pays her full rent rather than the considerably lower LHA rate. Her private sector rent increases annually - but the UC housing costs element is, I understand, frozen at the rate at conversion to UC (if above LHA), meaning she'll have to apply for - and may not receive - discretionary support. That combined with the SDP issue means she's worse of on UC as time passes as she can't enjoy HB rent increase + annual benefit inflation uplifts under the 'ceiling' set by transitional protection.
It appears to be in her interest, then, to delay conversion to UC as long as poss. DWP seems to accept that some 'hard cases' will rather longer than the standard period from receipt of migration letter.
Benefits calcs for her case confirm that minus transitional protection she is significantly worse off under UC.
Many thanks,
Marcus
As sis is in this position (minus my being able to do this for her), is it know how long she could remain on existing benefits? This is pertinent because she is under old HB rules (tenancy from '94) more generous than LHA, which pays her full rent rather than the considerably lower LHA rate. Her private sector rent increases annually - but the UC housing costs element is, I understand, frozen at the rate at conversion to UC (if above LHA), meaning she'll have to apply for - and may not receive - discretionary support. That combined with the SDP issue means she's worse of on UC as time passes as she can't enjoy HB rent increase + annual benefit inflation uplifts under the 'ceiling' set by transitional protection.
It appears to be in her interest, then, to delay conversion to UC as long as poss. DWP seems to accept that some 'hard cases' will rather longer than the standard period from receipt of migration letter.
Benefits calcs for her case confirm that minus transitional protection she is significantly worse off under UC.
Many thanks,
Marcus
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- Gary
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2 years 7 months ago #271629 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA Managed Migration to UC
Hi frmarcus
Thank you for your question.
Unfortunately your question is outside the remit of the forum, you may want to contact Shelter to answer your question on rent; 0808 800 4444, or your local Welfare Rights Organisation; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Thank you for your question.
Unfortunately your question is outside the remit of the forum, you may want to contact Shelter to answer your question on rent; 0808 800 4444, or your local Welfare Rights Organisation; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Angel
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2 years 7 months ago #271642 by Angel
Replied by Angel on topic ESA Managed Migration to UC
Hi Marcus, To add to your woes, there is a piece of ‘draft’ legislation proposing to abolish Discretionary Housing Payments. I was reading some legislation a few weeks ago (as you do!) and came across it… I can’t remember where I am afraid.
I personally will lose 2.5K a year [gradually with ‘protection’]. HB I should be ok with, as I live in a Housing Association property, but I will have to begin contributing to C.Tax which I am currently exempt from; my main loss is my Premiums. It is blatant discrimination against ‘severely’ disabled people; which I am sure MUST break the Equality Act.
I personally will lose 2.5K a year [gradually with ‘protection’]. HB I should be ok with, as I live in a Housing Association property, but I will have to begin contributing to C.Tax which I am currently exempt from; my main loss is my Premiums. It is blatant discrimination against ‘severely’ disabled people; which I am sure MUST break the Equality Act.
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