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Migrated to UC before transitional protection was given

PeeJayEmm

Hi. I was on ESA with Severe Disability Premium (DSP). Recently I have been migrated to UC, and have received Transitional Protection, which ensures my monthly payments do not reduce.

However, my friend was migrated from ESA with DSP, to UC before the Transitional Protection was started in 2019. As such, his UC is considerably lower than it would have been with Transitional Protection.

Is it possible for him to retroactively apply for Transitional Protection now in 2024, with the hope being he would receive the backdated payments that more recently migrated people like myself receive?

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Comments

Meg24

It's my understanding that natural migration should still provide some compensation for loss of the SDP, although it is not as much as TP. However it wasn't like that at the beginning and was won in a court case. It might be worth checking with a professional benefits advisor or law centre to see if your friend should have been given this money as a result of the court case, I don't know if it applied retroactively.

I know there is still legal action in the pipeline regarding the compensation still leaving people worse off so there is hope that in future they may be forced to correct that.

Meg24

https://www.disabilitynewsservice.com/sample-of-disabled-people-forced-onto-universal-credit-shows-every-one-of-them-now-receives-less-in-benefits/

Needhelpandadvice

@PeeJayEmm No is the short answer, they voluntary managed migrated which means no protection.

Meg24

https://forum.scope.org.uk/discussion/comment/911073#Comment_911073

That's not entirely correct, even with voluntary migration you still get some compensation for the loss of the SDP. It isn't called TP is all.

PeeJayEmm

I double-checked with my friend, and it turns out he voluntarily started a fresh UC claim in 2018. Does that mean he is completely disqualified for transition protection?

That seems really unfair to me. He was previously on ESA with SDP and, for whatever reason, he made a fresh UC application… Surely that should not disqualify him for Transition Protection?

PeeJayEmm

I did ask him if it is possible he received some kind of transition protection, and it has simply run its course over the years (the way mine will eventually be eaten up by benefit increases)… He cannot recall the details, which is understandable.

PeeJayEmm

Would the Transition Protection given in 2019 have been "eaten up" by now with benefit increases? Or would there still be some there?

PeeJayEmm

poppy123456

https://forum.scope.org.uk/discussion/comment/911123#Comment_911123

Yes, highly likely it would be because when other elements increase the TP decreases by the same amount.

Albus_Alumni

Heya @PeeJayEmm and welcome to the community.

I can see you're already receiving some top support, but I just wanted to pop in and say a quick hi.

PeeJayEmm

Thank you everyone.

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