UC natural migration high court ruling — Scope | Disability forum
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UC natural migration high court ruling

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poppy123456
poppy123456 Community member Posts: 54,375 Disability Gamechanger
edited November 2023 in Universal Credit (UC)
I know that some of our members will be very interested to know the following….. 

The High Court decision in the 4th case of TP & AR has at last been implemented and written into legislation.
The result is that anyone who 'naturally' migrated (due to move of house, etc) to UC from a legacy benefit (eg ESA) and who has, or previously had (before erosion), a SDP Transitional Element included in their UC will now get an increase, an additional amount for the failure to fully compensate for the loss of EDP as well.
 
It also applies to those that were claiming child tax credits that included the disabled child element. When they claimed UC and were only entitled to the lower disabled child amount,  which meant they did actually lose out on money in the process. 
I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
If i see a question that i know the answer to i will try my best to help.
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  • WhatThe
    WhatThe Community member, Scope Member Posts: 968 Pioneering
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    Is this from 2024 or have I misread it?
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  • poppy123456
    poppy123456 Community member Posts: 54,375 Disability Gamechanger
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    That's correct, you didn't misread it. No backdated money will be owed because TP will always erode overtime. 

    So rather than recalculating what is owed from past statements since a claimant claimed UC then are including it from  the first assessment period beginning on or after 14th February 2024. After that normal TP rules will apply and it will erode over time. This was a ruling from the high court.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • poppy123456
    poppy123456 Community member Posts: 54,375 Disability Gamechanger
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    Just to add further to this, yes some are still going to miss out, if they no longer claim UC. Strange how they've decided to pay this but it still going to leave many people missing out. :(
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • androgynous
    androgynous Community member Posts: 74 Pioneering
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    Even though there has been a high court ruling which has been implemented into legislation, there are still outstanding legal challenges.

    Unfortunately the D** since, haven't responded within a previously agreed timeframe and the next step is to apply to the court to have them require the D** to respond, ( for EDP backpay and compensation for years of stress and hardship). 

    Going into 2024 from 2018, the fight continues.........

    The forgotten case of severely disabled claimants.
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