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SDP transitional protection

roomum

hi everyone hoping to get some advice as feel like I’m going mad….
long story short I am on uc was a single claim I receive lcwra I also have the highest child disability element as our daughter has spina bifida.
Partner on esa SDP we moved house and moved in together so he joined my uc claim. We were told he does not get transitional protection SDP as he joined an existing claim….. we are over £1000 a month down it can’t be right surely? I have read on line that he could be entitled even if joining my existing claim? Being hit with a brick wall from uc but could anyone shed some light on this please?

Many thanks in advance xx

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Kimi87

Going from a single claim to joint is classed as a major change of circumstances, so Transitional Protection ends.

https://www.scope.org.uk/advice-and-support/transitional-protection-and-universal-credit?gad_source=1&gbraid=0AAAAADrhH8H7h0bW-vg38GN3Bz6rCAgwh&gclid=CjwKCAjwwe2_BhBEEiwAM1I7sce5mdvEG-eVVDeH7VZfqXHbmx8uBS1spGjzjERvIeO03lW3udPzlBoC97UQAvD_BwE#If-you-make-a-joint-claim-with-someone-who-gets-Universal-Credit-click

Even though you've lost benefits, it's cheaper living as a couple running one household, than living apart running two.

roomum

I get that to an extent but what we are down is not including his rent ect that was all paid direct as he could not manage it. The research I have done into it says he still should be entitled as he has SDP on esa. What gets me is he is still severely disabled nothing has changed but they took everything he was entitled to and gave us a couples allowance that’s all… it does not seem right.

Kimi87

From the link given:

If you make a joint claim with someone who gets Universal Credit

You cannot start receiving the transitional element if you make a joint claim with someone who already receives Universal Credit.

For example, you would not be eligible if you moved in with your partner who receives Universal Credit.

Your circumstances are now based on a joint household under Universal Credit. He isn't entitled to Transitional Protection from his previous ESA claim I'm afraid.

Also in a couples claim only one LCWRA element is payable.

A possibility is whoever isn't being paid for LCWRA element, claims Carers Element for looking after your daughter (the same person cannot get both LCWRA and CE paid).

This is £201.68 a month

roomum

thank you but that is still deducted from your uc so leaves you no better off

Kimi87

I'm not talking about Carers Allowance, which is deducted in full from your UC award.

I'm talking about Carers Element which is an element of UC like LCWRA.

https://www.turn2us.org.uk/get-support/information-for-your-situation/universal-credit-uc/additional-elements-of-universal-credit-uc

roomum

yes my daughter has that, I have been on uc for years so that was already in place along with my lcwra

Kimi87

If you already get LCWRA you shouldn't be getting payment for Carers Element, because the same person entitled to both only gets payment for the higher amount which is LCWRA.

Which is why I suggested the person not getting paid LCWRA applies for CE.

Please note I'm referring to Carers Element not Disabled Child Addition which is paid alongside LCWRA.

roomum

forgive me for not understanding, no we do not have this did not even know it existed

Kimi87

Assuming it's your partner not getting payment for LCWRA, you can ask for Carers Element to be backdated to the date he moved in.

roomum

that’s great news, thank you, can I ask by any chance that the lcwra gets changed to my partners and then I claim it? Just that his needs are greater than mine, his esa award was indefinitely so makes sense for it to be his?

roomum

ah just seen my own mistake there if I done that I would not be able to back date it

roomum

He still gets esa pay payment that is deducted from uc will that make a difference in him claiming it?

Kimi87

I'm not 100% sure, but if he's not being paid for LCWRA under UC then he should still qualify for Carers Element, even if getting paid New Style ESA.

You could check that with a trained benefits advisor locally:

https://advicelocal.uk/welfare-benefits

roomum

thank you I spoke to some one from scope who said he will be able to get it. I really appreciate the advice it will help us a lot shall I just leave a note on my uc? Unsure on how to word it if you have any advice on that?

Kimi87

I believe you need to log into your Journal, select Report a Change, Caring for someone, and input the details.

You may be asked reason for "late" reporting of the change.

This would then go to a Decision Maker to consider.

If they refuse backdate, you can ask them to look at the decision again (Mandatory Reconsideration), and later appeal to an independent appeal tribunal if still refused.

roomum

thank you

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