Transitional element of Severe Disability (no migration letter)

sam2992

Hi,

I have moved to UC without a migration letter as I needed the housing element.

Citizens advice said that I will definitely get Transitional element of Severe Disability Premium.

However I'm due my first payment and they are not paying any sdp transitional payments.

ESA started paying me sdp on the 18th September 2024. And I applied for UC on the 26th September and my first payment is the 1st November.

All the advice I have been given from citizens advice and what I read online tells me I should definitely be getting a sdp elements of: SDP transitional element £140.97

SDP enhanced disability premium transitional element £89.63

So if I should be getting this how do I get them to pay me the correct amount?

I have bought it to there attention but they just keep asking about a migration letter that I don't have.

Cheers

Sam

sam2992

Hi, is there no advice about this?

Cheers

Sam

Dave1993

I have moved to UC without a migration letter

you answered ur own question here

sam2992

https://forum.scope.org.uk/discussion/comment/933903#Comment_933903

No I haven't. Please if you don't have knowledge on the matter don't comment. Citizens advice said I should get the SDP element. Gov website says I should. It's not transitional protection it's different.

Here is some information about it:

SDP element can only be included when you were eligible for SDP as part of IR ESA, IB JSA or Income support. It will not be included if you only had SDP on your Housing Benefit. It will not be included for people who claim Universal Credit as part of managed migration, to prevent double payment.

Cheers

Sam

bigsteff

Hi Sam , I was always under the believe that if you moved over to UC without a migration letter then you give up the right for Transitional protection , and your sevre disability premium and disability premiums are the elements covered under the the Transitional protection, hopefully someone can confirm this for you

poppy123456

If you moved across to UC due to a change of circumstances and you were still entitled to SDP when you claimed UC then yes the SDP Transitional Element will be included with your UC. If it isn't then that's not correct.

For the EDP then I've yet to hear of anyone receiving that in this case. I know about the high court ruling but I'm unsure what's happening about the payments for that.

sam2992

https://forum.scope.org.uk/discussion/comment/933918#Comment_933918

Thanks poppy,

I moved to universal credit as I had to to get the housing element. Is that considered a change in circumstances?

My circumstances changed before applying for universal credits for me to be eligible for the SDP.

And I was awarded sdp due to my change in circumstances 8 days before I made my universal credit application.

From what I'm telling you do you believe I should be getting the SDP elements?

I have sent serval messages in my universal credit now but they just keep coming back with I'm not entitled as I don't have a migration letter.

It's really stressing me out now. It's like talking to a brick wall.

Cheers

Sam

poppy123456

You're welcome. I can't see any reason why you're not entitled to the TP for SDP, providing no one claimed either carers element of UC or carers allowance for looking after you within your first assessment period.

You don't need a migration letter to be entitled to this. If you're still not getting any joy here then I'd advise you to contact your local MP. Tell them what's happened and why you had no option to claim UC due to needing help with the rent. Then tell them they are refusing to include the SDP TP.

https://www.parliament.uk/get-involved/contact-an-mp-or-lord/contact-your-mp/