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Managed Mig to UC: housing element

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1 year 10 months ago #277965 by frmarcus
Managed Mig to UC: housing element was created by frmarcus
Dear Sir or Madam: My sister, whom I provide care to, receives ESA (IR)SP and HB. As she has received HB since '96 continuously for the same private property she is not subject to LHA and her rent/HB payment is higher than the local LHA max. When she migrates to UC, despite her not being subject to LHA now I suspect she will be then. Transitional protection means her housing element will not reduce to LHA level immediately - but nor will it increase despite annual rent increase, thus effectively eroding her total UC award compared with current ESA+HB. 1 Am I correct in this assumption; and 2 do you know if this is amenable to appeal? I appreciate that if and when this applies she could apply for DHP - which is hardly ideal. Not many will be in her HB position, of course, and given the few (several thousand?) that are, perhaps this issue was overlooked. With thanks and good wishes, Marcus

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1 year 10 months ago #277979 by Gordon
Replied by Gordon on topic Managed Mig to UC: housing element
frmarcus

Before trying to answer your questions could you explain what you mean by

ESA (IR)SP

Thanks

Gordon

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

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1 year 10 months ago #278005 by frmarcus
Replied by frmarcus on topic Managed Mig to UC: housing element
Thanks Gordon: Sorry: ESA (income-related) Support *Gp*

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1 year 10 months ago #278016 by Gary
Replied by Gary on topic Managed Mig to UC: housing element
Hi frmarcus

1) You are correct with your assumptions.

2) Parliament legislated to introduce UC and for the end of legacy benefits, including tax credits. When passing this legislation, Parliament also committed to providing transitional financial protection for those who are moved onto UC through the managed migration process. As managed migration legislation was passed by Parliament, I would doubt that it would be amenable to appeal.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: frmarcus

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1 year 9 months ago #278363 by Angel

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