Hi, my name is LDavid! I migrated to UC in Oct, 2024, I was to be protected. By Transistional ...

LDavid

Hi, I migrated to UC in Oct, 2024, I was to be protected. By Transistional Protection.

I was advised I needed a fit note until I got assessed by a practitioner. Two Health Assessment Questionnaires were sent out to an address , I had not lived at for 3 years!! I have no idea why my address was not updated.

I had a telephone assessment by a practitioner on March 15, 2025. At the end of the assessment, the practitioner advised me I was unfit for work, and DWP would contact me.

on March 21, 2025, 6 days after I was assessed, there was a note in my journal advising “unfortunately, due to an amendment to your transistional protection, an overpayment of £396.62p has generated. I had no idea what this was! I did not see the message in my journal until late Friday. I had to wait all weekend before trying to find out what this overpayment was.

I am a carer. I house sit with the person I care for as they have severe mental health issues.

I was advised I was placed in the unfit to work category and the carer element now had to be deducted from my UC! They backdated the assessment decision two months. They have adjusted my January and February, 2025 payments taking £198.31 for January and taking 198.31 for February, 2025, - Total Overpayment of £396.62p, which I have to pay back! I got my March, 2025 statement advise for payment this month, I have lost a total of £259! £59 of this is towards the overpayment which will come off my payment monthly until repaid.

£259 is a huge amount to loose, I am unable to pay all my monthly outgoings. I am totally stressed out. I got no notice whatsoever, I would be loosing this amount of money monthly. I asked for an appeal, was advised, I cannot appeal as this is the rule!! My circumstances have not changed since I transferred to UC. My circumstances were the exact same as when I was on legacy benefits. DWP assured me before I transferred over to UC that I would be covered by transitional protection. To qualify for UC, you must have a health assessment which will generate a category of where you are placed, fit for work or unfit! This decision from the assessment then calls for a change in circumstances, stopping my Transistional protection!
Surely, by law, you must be given notice that you are going to loose such a large monthly amount from your payment.

Statement below, January and February payment was amended, took £196.31 back for January and took back £196.31 for February, overpayment - March payment will be £835.89, normally my payment would be approx. £1120.

Can I appeal this decision?
one distraught 😫 person here. I am unable to pay all my monthly outgoings with the March payment.

Kimi87

Your Transitional Protection reducing by the LCWRA amount was correct.

TP erodes over time with the annual benefit increase, reduces when new elements are added or stops completely with a major change of circumstances (such as any swapping around between single/couple claim).

Also having the financial loss of Carers Element was incorrect, as per an Upper Court ruling:

(please click on View Post in purple)

https://forum.scope.org.uk/discussion/130086/advice-for-claimants-re-disabled-carer-s-tp-errosion-due-to-lcwra-addition

Basically what was happening is people had the CE removed financially, and the LCWRA reduced TP.

The court ruled the correct action was to reduce the TP by difference between CE & LCWRA.

I'm going to suggest you seek advice from a trained benefits advisor, this is a complex issue and other members have had trouble recently trying to get the court decision applied to their claim.

https://advicelocal.uk/welfare-benefits

Mary_Scope

Hi @LDavidand a warm welcome to the community!

I see Kimi has answered your question and given some good advice so I won't add anything else today but it's lovely to have you here on the community and I hope you find it to be a safe and supportive space😄

LDavid

https://forum.scope.org.uk/discussion/comment/1007032#Comment_1007032

Thank you very much for your reply. I need to get this overturned. It is a huge amount of monthly money I am loosing. To give absolutely no notice is awful, then backdating it making me repay January and February ..

x

LDavid

@Kimi87 hi kimm87, i advised DWP that i wanted to appeal. Surely it is not legal to deduct money from a claimants monthly income without any notice .. Can you advise how I get DWP to look at my case ? X

LDavid

They advised I cannot appeal.

LDavid

https://forum.scope.org.uk/discussion/comment/1007172#Comment_1007172

hi Mary_Scope

Thank you for the welcome. This is new to me.. please feel free to correct me if I am doing anything wrong.

Kimi87

As I advised you need to speak to a trained benefits advisor.

If you click on the purple text starting "Find out what welfare benefits..." that is a link to finding local help.

LDavid

thank you. All new to me.. trying to find my way around scope. I greatly appreciate your reply.

https://forum.scope.org.uk/discussion/comment/1007319#Comment_1007319

scope new to me, trying to find out huw it works, etc. I greatly appreciate your reply..