Transitional Protection Carer Element Universal Credit

Lisascott
Lisascott Online Community Member Posts: 9 Listener
edited August 2023 in Employment and Support Allowance (ESA)
Hello and thank you in advance for your help.
my son is currently on ESA and receives EDP  and SDP so I don’t claim carer element/ allowance as it affects SDP, I’m on UC.  I have found this article on the link I’ll post at the bottom of this.  This seems to be saying that once a person has transitional protection this will not be affected if someone then claims the carer element for that person.  I know things may change in the future but if this does not change am I currently correct in thinking when he is moved over to UC if I were to claim the carer element of UC this would not affect his SDP transitional protection  and does anyone have a link to that legislation please.

It’s at the bottom of this information when you click on the link on No4

‘Changes that don't affect your transitional protection’




Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Yes, you are correct with your thoughts here. However, those that are claiming ESA will not be migrated across to UC until at least 2028 (unless they are claiming Tax credits) or a change of circumstances prompts a move in the meantime.
  • Lisascott
    Lisascott Online Community Member Posts: 9 Listener
    Thank you so much yes It’s going to be a while in fact I think they’ll be so inundated it may be pushed back even further I’m just trying to be well prepared 🤣 if anyone reads this do they have a link to the actual gov legislation which states the part that the transitional protection will not be affected by a subsequent claim of CA or the element please.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    TP applies from the date your claim started, which is why claiming either CA or carers element of UC after he's claimed UC will not affect the TP because SDP will no longer be known as this, it will be replaced by TP.

    Regulations are here but i don't have time to look through them. https://www.legislation.gov.uk/uksi/2014/1230/contents

  • Lisascott
    Lisascott Online Community Member Posts: 9 Listener
    edited August 2023
    Thank you that’s really helped me it seems to be in regulation 3 towards the very bottom within schedule 2 
    https://www.legislation.gov.uk/uksi/2019/1152/regulation/3
    and then the amendment is reg 6 paragraph 6 which seems to imply the entitlement of the SDP transitional payment as long as no one becomes a carer within the first assessment period. 
    https://www.legislation.gov.uk/uksi/2023/543/regulation/6/made 

    I think the main thing to remember is not to claim within the first assessment 

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