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Housing Element With Universal Credit.

brian1971

My next rent is due on the 10th December and I am awaiting a decision from UC as to the amount my wife and I will receive. We rent privately and receive payments from our local authority as calculated under the Local Housing Allowance rules. Now that we have migrated to UC I wondered if we are protected by the transitional protection for the housing element. I know that transitional protection covers us so far as the legacy benefits are concerned but am uncertain about this.

Just wondered if the rules concerning the Local Housing Allowance apply to the housing element with Universal Credit, or do they have their own way of calculating things

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Comments

Kimi87

For a private rental UC use the LHA rates to calculate UC Housing Element.

brian1971

So good to know. Many thanks for the prompt reply.

brian1971

I know now I will not be getting any housing element from UC. The transitional protection did not apply to our joint claim. Perhaps due to my state pension or some other reason yet to be explained. I will carry on as best I can however. Best wishes to all.

brian1971

After much research I finally discovered why my wife and I cannot get transitional protection when migrating from legacy benefits, which includes housing benefit, to universal credit. I did make an application for my wife and I but it was in two parts and looks as if it does not count as a "joint claim". A mistake on my part. I never was good with internet application forms. Oh well, my mistake and now I have to pay the price for it. I followed the instructions to the best of my ability, making what I thought was a joint claim with the code received. I should have contacted the Citizens Advice but it is too late now. Let others please learn from my huge mistake.

The following was taken from an internet search:

You likely did not receive transitional protection because you area mixed-age couple, and the Department for Workand Pensions (DWP) rules require both of you to claim Universal Credit (UC) as a joint couple, ending your legacy benefits. This change in your couple status means you are ineligible for transitional protection, even if you meet the deadline and claim UC on time. Your household's claim was changed to a single UC jointclaim, which does not qualify for the transitional element that helps protect you from a drop in income.

PracticeWotUPreach

@brian1971

I’m really sorry to hear what’s happened – the UC rules around mixed-age couples and transitional protection are incredibly complicated, so please don’t be hard on yourself. Lots of people make honest mistakes because the system isn’t clear.

It may not necessarily be “too late” though. If you believe you attempted to make a joint claim and followed the instructions given, you can still ask for:

1. A Mandatory Reconsideration (MR) –

You can challenge the decision on the basis that the claim should have been treated as joint from the start, especially if the online system or instructions were confusing.

2. Ask UC for your application history –

They can see timestamps, entries, and whether the system linked your claims correctly. If there was any system error or unclear guidance, that can be grounds to review the decision.

3. Get support from Citizens Advice or a Welfare Rights team –

They often pick up issues like this and can word the MR properly. Many people only realise after talking to an adviser that they did meet the requirements but UC applied the rules incorrectly.

4. Check if your council can reinstate Housing Benefit temporarily –

If you were pushed onto UC in a way that contradicts DWP rules, some councils will liaise with DWP while the decision is reviewed.

Even if transitional protection can’t be applied retrospectively, an adviser might still be able to get the UC award corrected or increase other elements.

You absolutely didn’t “make a huge mistake” — the system is not designed with clarity in mind. It’s worth getting a second opinion before accepting the decision as final.

brian1971

Wow that is an amazingly useful post and one I shall heed. On Monday I will follow your advice. A million thanks. I will post again when I get some information from DWP.