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Rent increase and transitional protection
- Twentyfold
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1 week 3 days ago #313725 by Twentyfold
Rent increase and transitional protection was created by Twentyfold
Please can I enquire, I migrated from ESA to UC last year. I received the LCWRA. Then I received a rent increase from my landlord in March this year, and updated UC about this. However, the monthly rent increase has not been added to my UC housing costs to increase the total payment (ie added, as it usually would be as an additional amount to housing benefit), leaving me £75 pm short. I contacted UC and was told that the rent increase now gets deducted from the ‘transitional protection’. Is this correct please - and how is this even possible? It’s a huge shortfall to be deducted overall, and I’ve always had any rent increases adjusted for ie, accounted for by being added. Can it be challenged in any way? Thanks.
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- David
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1 week 2 days ago #313742 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Rent increase and transitional protection
Hi Twentyfold
Here is an explanation from Entitledto.co.uk as to why your UC will reduce with the erosion of your Transitional Element:-
Why is the transitional protection element temporary?
Your transitional protection element will be eroded/reduced penny for penny as your Universal Credit or Pension Credit award increases. This means you won’t receive any increase in your Universal Credit or Pension Credit award until your transitional protection element is reduced to £0.
Your Universal Credit award might increase, and therefore your transitional element reduce, if for example:
your rent increases, leading to an increase in your housing element
the local housing allowance rates increase, leading to an increase in your housing element
a new element is added to your Universal Credit award
annual uprating each April increases the Universal Credit rates
The exception is a new or increased childcare element as this doesn't reduce your transitional element.
The transitional protection element doesn’t reduce until you have been receiving Universal Credit for at least a month but, from your second assessment period onwards, any reductions are made in the same period an increase occurs.
The transitional protection element won't change if your earnings fluctuate (unless you are affected by the administrative earnings threshold rule described below) but the amount of Universal Credit you are eligible for may change based on your earnings in the usual way.
David
Here is an explanation from Entitledto.co.uk as to why your UC will reduce with the erosion of your Transitional Element:-
Why is the transitional protection element temporary?
Your transitional protection element will be eroded/reduced penny for penny as your Universal Credit or Pension Credit award increases. This means you won’t receive any increase in your Universal Credit or Pension Credit award until your transitional protection element is reduced to £0.
Your Universal Credit award might increase, and therefore your transitional element reduce, if for example:
your rent increases, leading to an increase in your housing element
the local housing allowance rates increase, leading to an increase in your housing element
a new element is added to your Universal Credit award
annual uprating each April increases the Universal Credit rates
The exception is a new or increased childcare element as this doesn't reduce your transitional element.
The transitional protection element doesn’t reduce until you have been receiving Universal Credit for at least a month but, from your second assessment period onwards, any reductions are made in the same period an increase occurs.
The transitional protection element won't change if your earnings fluctuate (unless you are affected by the administrative earnings threshold rule described below) but the amount of Universal Credit you are eligible for may change based on your earnings in the usual way.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Twentyfold
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2 days 21 hours ago #313876 by Twentyfold
Replied by Twentyfold on topic Rent increase and transitional protection
Thank you for your reply. Whilst I do follow what you have said about transitional protection, surely it is not fair to allocate a legitimate portion of the previous amount of ESA (now UC) and call it ‘transitional protection’? As this is simply taking away a portion of the amount that was previously awarded to the claimant, when something changes such a rent increase. There seems to be no logic in “increasing the housing cost” figure whilst “eroding” the “transitional protection” figure - as this just results in no increase to the total UC received while costs increase. Where is the logic and fairness here? Thanks.
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- David
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2 days 19 hours ago #313879 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Rent increase and transitional protection
Hi Twentyfold
This system was devised by previous Tory governments to cut the Benefits bill regardless of fairness. You only have to read the views of the former Tory Benefits minister Ian Duncan Smith to see that the motives are.
David
This system was devised by previous Tory governments to cut the Benefits bill regardless of fairness. You only have to read the views of the former Tory Benefits minister Ian Duncan Smith to see that the motives are.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Twentyfold
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21 hours 55 minutes ago #313923 by Twentyfold
Replied by Twentyfold on topic Rent increase and transitional protection
Thank you very much I thought so. It’s obvious that no amount of explaining can explain away how money is simply being subtracted under another name, despite the “total” remaining the same. Ie, “transitional protection” seems to be a riddle that has been invented to deduct money from a person that has been forcefully migrated from ESA.
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