Legacy housing benefit adjustment during migration period question.

Hi guys.

I have read the very good ESA to UC migration guide, thank you for this.

I noticed on my you need to claim UC letter, it states if I have a change of circumstances between now and the migration date then it may affect eligibility, my original interpretation of this was if it changes I wouldnt qualify for transitional protection, but after reading your guide I may have misinterpreted it.

My situation is I am on the old cbESA, and get a irESA top up which is primary EDP and SDP. I also have legacy housing benefit, the really old version.

My rent is considerably above LHA levels, I managed to last year get the council to approve a HB increase (I had not informed them for several years, so it was quite considerable), since then I have had another rent increase but am still waiting for the rent agreement to arrive. Also my rent review is usually in January. My UC claim needs to be submitted by first week of February.

So my council works this way, I submit evidence of rent increase, they inform me they have accepted it, but is no actual review until January (for my account), any increase is backdated to the review date, not the date I submitted evidence. If this happens again this year, I would get that rent review just before the cutoff date for the migration, but I dont want to leave things that late.

I noticed in the guide, it states, if there is things pending such as an increase of PIP entitlement, as long as the claimant has informed the DWP before the migration then the change can be added to the transitional protection, so if I was lets say send the documents to the council, wait for them to inform me it has been accepted, and then start the migration process, am I right that if I later get awarded higher housing benefit this could increase my UC award?

Thats my main question, my only other question is how important is the heath conditions question, if its answered with not much details would I be at risk of a new WCA? It feels odd that question would be there if there is no health review on migration. But since I have not needed to for so long, all my information regarding health conditions isnt at hand. Also I am currently under a PIP review as well if relevant (renewal). I expect the result of that to be after the migration given current lead times. That review started in June.

Hi, the increase is a standard increase, I submitted proof of rent increase, then the rent review officer made a decision if it was reasonable rent and approved it, and my standard rate of housing benefit was increased to pay for the new level of rent, there is no deductions, so over the year it was paying all of my rent up until my latest rent increase.

My council doesnt let you claim discretionary payments unless you in rent arrears, this was definitely a standard increase of award not discretionary. I am wanting to do this again as my rent went up again in August, before I start the UC migration process, but if it wont affect the transitional protection I wont bother.

I am renting privately this property since before 2008.