UC and separation

honda1
honda1 Online Community Member Posts: 14 Listener
in Benefits and income
Have received a letter from UC to transfer from Tax credit. We have been given untill February 2024. I get pip and contribution ESA and not working. Things have gone down hill with my partner and we both want to separate. 

If we separate will my partner still get transitional protection with UC?

Currently have joint claim with Tax credit how will partner claim UC as letter received has both ours names on it?

Kind regards 

Comments

  • Jimm_Alumni
    Jimm_Alumni Scope alumni Posts: 5,717 Championing
    Hi @honda1, sorry to hear about your circumstances, but I hope you're doing okay.

    Citizen's Advice has some information about migrating to Universal Credit. I'll highlight the information I think you're looking for though.


    If you separate from your partner

    If you and your partner have a joint claim for Working Tax Credits or Child Tax Credits, your claim will end.

    If you and your partner were claiming Housing Benefit, ESA, JSA or Income Support with your partner, check if the benefits are in your name. 

    If the benefit letters are addressed to you - that means the benefits are in your name. If you’re not sure, you can check with the DWP. Their contact details will be on any benefit letters you’ve received.

    If the benefits are in your name, you’ll keep getting them. If the benefits aren’t in your name, they’ll usually stop.  

    So, both your names are on the letter. So if you both apply separately, which you should do if you are no longer partners, you should still receive your benefits. Depending on your eligibility as individuals of course. 

    The Citizen's Advice page I linked has a lot more details about possible extra payments and other considerations. It does also mention that if you need more time you can contact the DWP before the deadline date and they can extend it.

    Hope you get it all sorted, let us know how you get on!

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Not everyone is entitled to Transitional Protection when migrating from legacy benefits to UC. It will depend on the figures when you migrate across. If you're worse off then yes TP will be included to make sure you're not worse off.

    As for your question about TP in both your cases then i'm really not sure to be honest. The issue i see is that your Tax credits is based on a couples claim but if you claim UC as single people then it's will obviously be a single person claim.

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