Transitional protection and non dependant moving home

quail

I recieve transitional protection on uc because I was migrated from income support which had disability premiums included as I recieve pip and live alone.

My adult son wants to move back home due to his relationship ending and I'm obviously not going to see him on the streets but I am worried about how this will affect my transitional protection. I know I wont have a non dependant deduction to my uc award as I recieve pip but will it have an affect on my transitional protection?

poppy123456

If you're claiming help with the rent through UC and there's a shortfall of rent you would be entitled to extra housing element. However, when other elements increase your TP decreases by the same amount so you won't be any better off or worse off, if the increase is less than what your TP is.

If he moves in with you, you must report the changes to UC. If you're also claiming council tax reduction you must report the changes to your local Authority as it may change the amount of CTR you're entitled to. I can't advise any further with that because they all have their own rules.

quail

Thankyou poppy if he moves in I will report it of course, im not sure exactly what's happening as they only broke up yesterday. I was just trying to find out if it will have any affect on my transitional protection as I have already lost £198 per month from moving from carers ellement to lcwra ellement despite being advised by uc that I would not be any worse off. So dont want to find myself in that position again and being worse off again. (He could move in with his dad if that was going to be the case until he finds something more permanent)

I know it would affect my council tax reduction but i dont know if/how my transitional protection would be affected.

poppy123456

It would only affect TP if any housing element you're claiming increases. In this case the TP will decrease by the same amount.

The same applies with TP when benefits increase from April.

quail

thankyou I was worried they would say it's a change in circumstances and stop it, because if I was still on legacy benefits I'm assuming It would mean I would loose the sdp, (finally a good thing about uc)

Kimmy87

As Poppy says, if he moves in and Housing Element increases, TP will decrease by the same amount.

Do be aware though that should he move out HE will decrease again, and this will leave you a little worse off as TP won't then go back up.

quail

Thankyou I currently get maximum housing as need the extra bedroom for overnight carers, if he move back he will be helping worh overnight care needs

poppy123456

As you already receive your maximum housing element then this means there would be no changes to your UC.

quail

thankyou

quail

What does affect tp?

Does stopping claiming carers allowance have any effect.?

Does someone starting claiming carers allowance or carers ellement for you affect it.?

poppy123456

https://forum.scope.org.uk/discussion/comment/969894#Comment_969894

Carers allowance is a separate benefit, which is deducted in full from any UC entitlement, this doesn't affect TP.

Claiming carers element of UC will affect it and would reduce your TP by the same amount as carers element… £198.31, if your TP is more than this you would not be better off. Same applies if you become entitled to other elements.

If your UC includes the LCWRA element for yourself the same person would not be able to claim carers element.

Other elements increasing would also decrease TP, such as when benefits increase from April.

Moving from a joint to single claim and single to joint claim would stop your TP completely.

quail

would someone starting to claim carers for me affect my tp ? I receive double enhanced pip and no body claims carers for me yet if someone does start to claim it does that affect my tp at all. I cant find an answer online

poppy123456

https://forum.scope.org.uk/discussion/comment/970028#Comment_970028

No. Unless it’s a partner that you claim UC with.

quail

thank you so much for your help, I dont have to worry about my tp anymore (ever since I lost £198 because of change from carers to lcwra I've been worried sick about it) but unless i get a partner it wont be affected by anything other than uc increases.

Hoping the upper tribunal rules in favour of the current case as I'm in the same situation due to uc telling me I would not be worse off if I had lcwra but my disabiwpuld then be recognised . (Fingers crossed decision is announced soon)