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Universal Credit Transitional Protection
- elainep
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2 months 2 days ago #299746 by elainep
Universal Credit Transitional Protection was created by elainep
Hi
My son received his migration letter for UC. He has his 6 year old daughter living with him and as its only been in the last year he hasn't been able to claim child tax credit as they no longer exist.
I've made a few online calculations with Turn2Us adding his daughter in the calculations.
He is receiving Income related ESA and severe and enhanced disability premium and PIP both elements enhanced.
Each Turn2Us calculation have shown a transitional amount.
Today we attended a CAB appointment and a very nice lady there told us that he might not receive much in the way of transitional protection as the DWP will add his daughter's child element into the claim making the difference between ESA and UC much less.
Is this correct?
Also am I correct in thinking there are 2 types of transitional protection? One for the guarantee you won't be any worse off under UC and one for the protection of the disability premium he receives?
Any advice would be appreciated.
My son received his migration letter for UC. He has his 6 year old daughter living with him and as its only been in the last year he hasn't been able to claim child tax credit as they no longer exist.
I've made a few online calculations with Turn2Us adding his daughter in the calculations.
He is receiving Income related ESA and severe and enhanced disability premium and PIP both elements enhanced.
Each Turn2Us calculation have shown a transitional amount.
Today we attended a CAB appointment and a very nice lady there told us that he might not receive much in the way of transitional protection as the DWP will add his daughter's child element into the claim making the difference between ESA and UC much less.
Is this correct?
Also am I correct in thinking there are 2 types of transitional protection? One for the guarantee you won't be any worse off under UC and one for the protection of the disability premium he receives?
Any advice would be appreciated.
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- David
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2 months 2 days ago #299750 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Universal Credit Transitional Protection
Hi elainep
Yes there are 2 types of Transitional Protection but you cannot have them both at the same time as follows-
---Paragraph 7 prevents duplication by excluding a claimant from receiving a transitional SDP element if they are awarded a transitional element as a consequence of being moved to universal credit by managed migration.
UC Transitional Protection Amendment Regs. 2021
www.legislation.gov.uk/uksi/2021/4/made
and Yes Citizens Advice are correct, your son has been caught in the trap of not being able to increase his Legacy Benefits amount because of the withdrawal of Child Tax Credits. Maybe the Benefits calculators assume he is in receipt of CTC.
Let me know how you get on.
David
Yes there are 2 types of Transitional Protection but you cannot have them both at the same time as follows-
---Paragraph 7 prevents duplication by excluding a claimant from receiving a transitional SDP element if they are awarded a transitional element as a consequence of being moved to universal credit by managed migration.
UC Transitional Protection Amendment Regs. 2021
www.legislation.gov.uk/uksi/2021/4/made
and Yes Citizens Advice are correct, your son has been caught in the trap of not being able to increase his Legacy Benefits amount because of the withdrawal of Child Tax Credits. Maybe the Benefits calculators assume he is in receipt of CTC.
Let me know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- elainep
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2 months 1 day ago #299767 by elainep
Replied by elainep on topic Universal Credit Transitional Protection
Hi David
Thanks for your reply. The CAB person was aware that my son has never received CTC and this would be the first time he would apply. Would he still receive the transitional protection for his Disability premium?
Thanks
Thanks for your reply. The CAB person was aware that my son has never received CTC and this would be the first time he would apply. Would he still receive the transitional protection for his Disability premium?
Thanks
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- elainep
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2 months 1 day ago #299768 by elainep
Replied by elainep on topic Universal Credit Transitional Protection
Another thought occurred to me.
Is it possible that he could add his daughter to the claim once his UC is up and running? Would he still receive and continue to receive his SDP transitional after that?
Thanks
Is it possible that he could add his daughter to the claim once his UC is up and running? Would he still receive and continue to receive his SDP transitional after that?
Thanks
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- David
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2 months 1 day ago #299770 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Universal Credit Transitional Protection
Hi elainep
No, transitional SDP ends with Managed Migration to UC.
David
No, transitional SDP ends with Managed Migration to UC.
David
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2 months 1 day ago #299771 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Universal Credit Transitional Protection
Hi elainep
After Migration any increase in the UC standard allowance erodes the Transitional Protection.
David
After Migration any increase in the UC standard allowance erodes the Transitional Protection.
David
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