Loss of UC Transitional protection after having to move home not through choice.

Reddragon69

Due to being made homeless, we made an application to the council and moved area on 30 May 2024. We had to stop legacy and make a claim for UC. We had SDP in my ESA, myself and partner are on pip and we receive child DLA. In our previous housing benefit we received an extra bedroom rate for severe disability as we are unable to share a bedroom due to our separate disabilities and my partner using noisy equipment at night. The council allocated us for a two bedroom property. I requested a suitability review before the date of moving in as we look after a previously looked after child with disabilities and he has already had much instability so I did not want to keep moving him. They did not do the review in time so we had to move in. The decision is going to be made on 20 August. They have indicated that we will be successful as they have an empty property near us, but no guarantee until we receive a letter.

However, we also have a problem with our two bedroom property that we are currently in. We have issues with sewer gas and drainage. The previous tenant also had this and she moved out because it was not being fixed. Unfortunately, she used excessive plug in air fresheners to mask the smell and there is a strong smell in the home. We cannot eliminate it. I am being negatively impacted by this as I am allergic to perfumes etc.

So, either way we have to move out if a property that we only moved into on 30 May, because of the hazards contained in the property.

I am concerned about how this is going to affect my new UC claim. I have just received my Transitional protection. Now, through no fault of my own, I have to move because of 1) the hazards in the house and 2) the council did not properly consider our need for an extra bedroom for disability.

Is this going to affect my UC and TP due to the rent on the new property being £100 more? And how much would I lose? Could I appeal this as it’s not my fault that I have to move. I would not have chosen to move. Thank you.

poppy123456

It would only affect your UC TP if you're entitled to more housing element when you move house. Your TP will erode by the same amount, meaning overall you will not be any better off. For example, if your housing element increased by £100 then the TP will erode by the same amount.

I don't think in this case there's anything to appeal but I'd advise you to get some expert advice from an agency near you.

Reddragon69

Thank you.