Transitional Protection

anth22

Hoping someone can give me some advise please, if I was excepted for extra payment due to uc50 assessment would that be considered a significant change of circumstances that would make me lose my TP, Thank you.

poppy123456

Yes, being entitled to an additional element or other elements increasing, decreases your Transitional Protection.

Does your UC also include carers element? If so and you’re found to have LCWRA the carers element will be removed because the same person can’t receive both elements at the same time.

Are you claiming UC with a partner or as a single person? If with a partner and your partner cares for that person they can receive carers element for looking after them.

anth22

I'm single poppy and I do get carers element do you think I might be better of just staying as I am or could getting lcwra make me better off.

As things stand I get carers allowance, UC and enhanced pip.

anth22

Can someone please give me the answer to my post above as I don't know what to do for the best, I would really appreciate some help, Thank you..

poppy123456

At the moment if your UC includes Transtional Protection and with the carers element you may not be any better off if found to have LCWRA.

As your UC includes carers element this will be removed and the LCWRA element will replace it. The same person can’t receive both elements at the same time.

Infact depending on the figures you could be worse off due to the removal of the carers element and your TP being reduced.

There is an Upper Tribunal hearing due on 30th October for this exact thing..

anth22

Thank you poppy, so can I refused to send the uc50 back? I didn't apply for the uc50 I was just honest apart my health issues when I applied for UC.

poppy123456

You're welcome. The reason you were referred for the WCA is because you provided a fit note, this was because when it asked if your health condition affects your ability to work, you would have very likely said "yes."

If I were you I'd advise you to contact the health assessment providers and tell them that you do not want to continue with your claim. If you just leave the form and ignore it and you have a vulnerable marker on your file, they could continue with the assessment without you returning the form.

anth22

once again thank you poppy your advise is greatly appreciated.

poppy123456

You're very welcome.