Income support migration!

Kayjay89

hi all I am Migrating over tomorrow but what I am worried about the whole transitional protection and if I go down the route of lwrca will I lose the extra TP. Currently am in recipet of income support with SDP and carers allowance and also housing benefit, do I have to declare health conditions on sign up or can just put carers for now so work commitments are turnt off and will I still get my transitional protection for what I would be down moving

My legacy benefits total 1013.60 for the income support with SDP and carers and then my rent is £521, someone told me if I declare health conditions they will require a fit note, can I say I don’t want to go down the route of LCWRA really not sure what to do for the best. As if I get lwrca will I lose TP? Hearing so many different things.

Thanks in advance

poppy123456

As a carer you will have no work commitments and won't need to attend any appointments, apart from your first appointment. You do not have to go down the work capability assessment route.

During the application process you will be asked if you have a health condition, you can answer yes to that. It will then ask you if your health conditions affect your ability to work, you should say no to that. You won't be treated as a job seeker anyway due to caring duties. If you answer yes then you'll need to provide a fit note.

If you do decide to go down the work capability assessment route and you're found to have LCWRA then yes being entitled to the additional element will erode your TP. With TP if other elements increase or your become entitled to other elements the TP decreases until it erodes completely eventually.

There's also the additional problem with the carers element because the same person can't receive both carers and LCWRA element at the same time.

In this case you'll only be entitled to the LCWRA element. There's a double whammy on top of that because not only will your TP erode, you will also lose the carers element. There's an Upper Tribunal hearing due to be heard on 30th October regarding this.

Are you claiming UC as a single person or with a partner?

Kayjay89

Thanks so much for the reply and help …What will the first appointment be in regards to? Can it be over the phone or does it have to be face to face only I go away Friday till Monday so it will worry me they expect me to go in those days …. Also If I put yes to being able to work would they question the income support with SDP, will I still get the transitional element of that put on to my award if I don’t provide a fit note?

I am single , I am also on pip.

poppy123456

As you're going award for those days, wouldn't it be better to claim UC once you return home?

The appointment will be for your identity. It can be done over the phone if you're unable to attend and you can ask them for a reasonable adjustment.

No, they will not question your Income Support and SDP because you were claiming IS as a carer and SDP because you are claiming PIP. None of them are related to your ability to work.

Yes, you will still be entitled to the TP even if you don't provide the fit note. TP is awarded if your UC maximum entitlement is less than what your current benefits are, which it will be due to the disability premiums.

Kayjay89

I have to apply by the 12th which is Saturday so was going to do tomorrow as I was waiting to get my income support payment yesterday , I have 2 forms of identification to upload I have a valid passport and drivers license, would they still need an id appointment if I have both.

Thanks again appreciate the help and everything you said has been more helpful than what I’ve been told previously.

poppy123456

You're welcome, glad I could help. Yes, you may still need to attend an appointment.

Kayjay89

You’ve been ever so helpful …ok I will wait to see what happens, I will write on my journal if they say about an appointment on the Friday or the Monday I will also call them.

poppy123456

You're welcome. One thing I don't advise you to do is to ring the helpline. They won't be able to do anything more than you can and that's put a message onto your journal.

Kayjay89

oh ok then I will just write on the journal. I’m going to fill in Thursday so hopefully then they may not make an appointment till next week

Kayjay89

hi poppy I filled in everything and it seems like all gone through as I have been given a date for when my statement will show the 11th of November and first payment the 15th I just hope they don’t muck up the TP