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Court Case for forced UC migrations on Transitional payments?
- BlueCats
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2 years 1 month ago #275459 by BlueCats
Court Case for forced UC migrations on Transitional payments? was created by BlueCats
Now that forced migration from ESA to UC has been postponed what about those who have already been forced. There is now a disparity between those who previously got severe disability payment but on UC get transitional payments, since these payments will be reduced as UC is increased year on year while the severe disability payments are not.
this means people forced to UC are at a financial disadvantage to those left on UC. Will anyone be forcing this issue in court case?
this means people forced to UC are at a financial disadvantage to those left on UC. Will anyone be forcing this issue in court case?
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- BIS
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2 years 1 month ago #275469 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Court Case for forced UC migrations on Transitional payments?
BlueCats
It will be interesting to see if anyone wants to try and test it in the courts.
BIS
It will be interesting to see if anyone wants to try and test it in the courts.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- BlueCats
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2 years 1 month ago #275478 by BlueCats
Replied by BlueCats on topic Court Case for forced UC migrations on Transitional payments?
Am I correct is assuming then, that as UC becomes the main benefit, the £67 (or so) weekly uplift for severe disability will totally disappear. Slower for some than for others, depending on timing and circumstances of the UC claim
Is UC then accomplishing a complete "stealth" removal of this premium. If so, is there any charity/legal fightback in the works? Seeing that it's to help cover the complex requirements of severe disability removing it unfairly discriminates against those claimants.
It is particularly discriminatory if its the case that that some will have it removed immediately (new claims) and other (forced migrations) will not. I can't see any legal justification for this.
Is UC then accomplishing a complete "stealth" removal of this premium. If so, is there any charity/legal fightback in the works? Seeing that it's to help cover the complex requirements of severe disability removing it unfairly discriminates against those claimants.
It is particularly discriminatory if its the case that that some will have it removed immediately (new claims) and other (forced migrations) will not. I can't see any legal justification for this.
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- Gary
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2 years 1 month ago #275482 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Court Case for forced UC migrations on Transitional payments?
Hi BlueCats
Who can get a transitional element?
In most cases, a transitional element will only be included in your Universal Credit award if you are an existing benefit claimant and there are no changes in your circumstances leading to your claim for Universal Credit.
Relevant changes in circumstance are those which would have previously meant a new claim for income-based Jobseeker's Allowance, income-related Employment and Support Allowance, Income Support, Housing Benefit or tax credits.
There are four kinds of claim for Universal Credit:
1) New claims, e.g. when someone not currently on benefits loses their job and makes a new claim for Universal Credit
2) Natural migration, when you are on benefits but have a change of circumstance which triggers a new claim for Universal Credit, e.g. when a partner moves in/out
3) Voluntary migration, when you choose to move
4) Managed migration, when your circumstances haven't changed so DWP initiates your transfer onto Universal Credit
DWP’s claim that “no one will be worse off” when moved on to Universal Credit only applies for the final kind of claim - 'managed migration'. It is these claims that can have a transitional element included.
Can I lose my transitional element?
Your transitional element will be removed if, for example:
~ a partner leaves or joins your household
~ you were earning above the administrative earnings threshold of £79.70 a week in your first assessment period, but your earnings have since dropped beneath this level for three assessment periods in a row (for couples this is a combined earnings threshold of £127.40 a week)
~ your Universal Credit award ends
Once you lose the transitional element it will not be applied to any future awards. There is one exception if your Universal Credit award ends due to an increase in income and you make a new claim for Universal Credit within 3 months of your previous claim ending – in this case the new claim is considered a continuation of the old claim and the transitional element can be included again. www.entitledto.co.uk/benefits-calculator...ion_Universal_Credit
Gary
Who can get a transitional element?
In most cases, a transitional element will only be included in your Universal Credit award if you are an existing benefit claimant and there are no changes in your circumstances leading to your claim for Universal Credit.
Relevant changes in circumstance are those which would have previously meant a new claim for income-based Jobseeker's Allowance, income-related Employment and Support Allowance, Income Support, Housing Benefit or tax credits.
There are four kinds of claim for Universal Credit:
1) New claims, e.g. when someone not currently on benefits loses their job and makes a new claim for Universal Credit
2) Natural migration, when you are on benefits but have a change of circumstance which triggers a new claim for Universal Credit, e.g. when a partner moves in/out
3) Voluntary migration, when you choose to move
4) Managed migration, when your circumstances haven't changed so DWP initiates your transfer onto Universal Credit
DWP’s claim that “no one will be worse off” when moved on to Universal Credit only applies for the final kind of claim - 'managed migration'. It is these claims that can have a transitional element included.
Can I lose my transitional element?
Your transitional element will be removed if, for example:
~ a partner leaves or joins your household
~ you were earning above the administrative earnings threshold of £79.70 a week in your first assessment period, but your earnings have since dropped beneath this level for three assessment periods in a row (for couples this is a combined earnings threshold of £127.40 a week)
~ your Universal Credit award ends
Once you lose the transitional element it will not be applied to any future awards. There is one exception if your Universal Credit award ends due to an increase in income and you make a new claim for Universal Credit within 3 months of your previous claim ending – in this case the new claim is considered a continuation of the old claim and the transitional element can be included again. www.entitledto.co.uk/benefits-calculator...ion_Universal_Credit
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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