Transitional Protection

Thequickcat77

I am claiming Universal credit and have transitional protection as l was migrated over from Working tax credits and housing benefit.

I have now been told l am being made redundant and have 5 weeks notice because l have been made redundant will l loose the transitional protection?

Emilee

You will not lose transitional protection, no.

poppy123456

https://forum.scope.org.uk/discussion/comment/921428#Comment_921428

Is that correct?

Earnings impact on Transitional Protection

A decrease in earnings does not impact on a claimant’s Transitional Protection
Additional Amount unless they have earnings equal to or above the Administrative
Earnings Threshold (AET) in their first assessment period, and their earnings then
drop below the AET for 3 consecutive assessment periods at any time during the
Universal Credit claim.
If this happens, the claimant's Transitional Protection will stop.

https://data.parliament.uk/DepositedPapers/Files/DEP2024-0442/111._Move_to_UC-managed_migration-transitional_protection_V3.0.pdf

Emilee

You are right; I assumed they were earning below the AET because they mentioned in another post that they were on a low income. Since 'low' is subjective, I should have checked further before responding so broadly.

https://forum.scope.org.uk/discussion/123834/transitional-protection

Thequickcat77 please ignore my previous answer, I am unable to edit it. To answer with certainty we would need to know what your earnings were on the first month of your claim and whether it is a joint or single claim.

Thequickcat77

thank you for the replies

I am currently working 16 hrs on the minimum wage so not earning the minimum AET but, have now been told l am being made redundant so l was asking will l lose the Transactional protection which l currently receive.

poppy123456

Thanks Emilee.

https://forum.scope.org.uk/discussion/comment/921666#Comment_921666

More specific information is needed.

When exactly did you migrate to UC?
What were your earnings in the first month of your claim?

Is it single or joint claim?

Thequickcat77

I migrated to UC July 2024

£782 per month

Single claim

Emilee

https://forum.scope.org.uk/discussion/comment/922343#Comment_922343

The AET for you would be £892, as long as your earnings were not above this your transitional protection should not be removed. If they do so, you can ask for them to look at the decision again.

Thequickcat77

but will the Transitional protection be removed now l am being made redundant

poppy123456

https://forum.scope.org.uk/discussion/comment/922786#Comment_922786

No, not if your earnings in the first month of your claim were not over £892.

Thequickcat77

can you please advise once l have worked my 5 weeks notice would it be best to claim new style ESA or JSA l currently get UC.

I can only work maximum 16 hrs per week because of my disability.

I have been told by my Job coach that l will be sent a UC50 work capability assessment form as l have been sending in fit notes stating that l can only work maximum 16 hrs the last fit note goes up to March 2025

Who sends out these UC50 forms as l have been receiving UC for 3 months now and was told at my first appointment with the job coach that l would get a UC50 form but not received anything yet.

poppy123456

JSA is for those that are looking for work so that's not the benefit you should claim. You can claim New style ESA and if you have the correct amount of NI contributions in tax years 2021/22 and 2022/23 you'll be entitled to payments.

Yes, it's deducted in full from any UC entitlement but it's still worth claiming it because it has some advantages to claiming it. For the ESA you would receive class 1 NI credits but for UC it's class 3. ESA is also not means tested like UC is so it could come in useful in the future. You will also receive ESA payments fortnightly but UC is monthly.

For the UC50 form you need to be referred for a work capability assessment first. Once this is done the assessment providers will send the form out to you. Put a message onto your journal and ask them to refer you for the assessment.

Thequickcat77

thank you for your message

As l mentioned before l have been made redundant and now working my notice , but l want to work but l have limited capability on the type of job l can do so 16 hrs per week is maximum.

I need to find some kind if work as l live on my own and l need something to get up for in the morning as otherwise it would effect my mental health.

I really enjoy working mixing with other people so should l stick with just claiming UC as l will not be any better off claiming JSA or ESA other then the NI benefit.