I was migrated to UC from legacey benefits two assessment cycles ago, and have been award Transitional Protection.
The issue is I didn't realise rent increases would erode this. My rent has gone up in years, and it's £715 compared with the £900 that the now 1 Bed LHA locally is now set. If I moved I could increase the LHA to £900, but the TP would erode by £185, and i'd be 'out of pocket' that much.
I didn't realise the Housing Element was in the TP, stupidly, and I discussed the increase with my landlord. We agreed a verbal contract we will both honour, and can provide testimony, for within the 1st assessment period. I just thought it could be backdated or go up later when I setteld the payments and understood them better (my case is a bit complicated with premiums).
If my rent were now to be back dated to £900 in the 1st period, would I lose the TP? The variance in cash terms doesn't matter to me as much as getting the £900 level going forward. It just needs to apply since then and ill absorb the cost to cover the arrers out savings. Obviously I dont want to lose the TP for merely this, as it's value higher.
Probably a bit complicated, so if there is any insight without certainity that is still welcome. Along with any suggestions as to where to get some authoritive advice. I know a solicitor who can help...
You are correct in so far as a rent increase within the first AP after Migration does not erode TP. You will need to persuade UC regarding the backdating first though.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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