Transitional Protection

lovejoywelsh

What do I say or do, to stop me transfer to UC. 

Am website I can print or information I can get to hand to take into Coventry Job centre.

We are live 11th July, and they may not take note to me about Transitional Protection.

Which I understand kicks in only next year.

despondent

Hi Lovejoywelsh, I assume that you are in the support group of ESA. I found this on the web:-

When your postcode moves to Universal Credit you can no longer make a new claim for tax credits, Housing Benefit or out-of-work benefits like Income Support.

If you are making a new claim for benefits, or are already claiming benefits and have a change in your circumstances, you may have to claim Universal Credit at some point before December 2018 as the roll out for new claims will have covered the whole of the UK.

This date does not apply to two groups of people:

• Those receiving the Severe Disability Premium (see our guide to SDP). The government decided in June 2018 this group won't be moved over to Universal Credit until something called transitional protection is in place for them. We will add the date this is expected to happen when it is announced.
• Families with three or more children making a new benefit claim who can continue to apply for existing benefits and tax credits until at least February 2019.

Once the full roll out for new claims is complete,

Are you already claiming benefits?

Once the full roll out for new claims is complete,  existing benefits and tax credits claimants who do not have a change of circumstance (see our What changes might trigger a move to Universal Credit guide) will not be asked to claim Universal Credit until July 2019 at the earliest. The government expects to finish moving existing benefit and tax credit claimants onto Universal Credit by March 2023.

here is the link if you would like to check the information for yourself:-

https://www.entitledto.co.uk/help/Universal-Credit-Pilot

I hope this is helpful and allays some of your fears.

mikehughescq

At the moment the plans for the transfer of legacy benefit recipients are out for consultation so there’s no immediate pressure to move to UC. The simple answer is.... try and avoid having any change of circumstances. 

In the longer term there are numerous ways to postpone a move to UC but it starts with knowing your circumstances in full, which you may not want to disclose on a forum. 

Waylay

I'm really scared. I don't currently get SDP because I'm waiting on a PIP tribunal. My ESA runs out in a couple of months, and my area is going Full UC at about the same time. I suspect I'll have no choice but to apply for UC, and lose SDP forever.

poppy123456

Waylay said:

I'm really scared. I don't currently get SDP because I'm waiting on a PIP tribunal. My ESA runs out in a couple of months, and my area is going Full UC at about the same time. I suspect I'll have no choice but to apply for UC, and lose SDP forever.

Your ESA doesn't run out and your money will continue. You can't be found fit for work without an assessment. Just because DWP give an amount of time in a group before re-assessment this doesn't mean a claimant will be re-assessed at that time.

Just because your area in moving to a full UC area this doesn't mean you'll have to apply for it. This will only happen if you're found fit for work, or you have a change of circumstances that will prompt a move across.

mikehughescq

@Waylay do you mean that you’re only on contributory ESA and in the WRAG? 

Waylay

High @mikehughescq and @poppy123456 .

I'm in the support group, and have been for 3 years (income-related ESA, as my contributory ESA ran out a while ago). My award is supposed to end in October (not time for a review, actually end of award), which is after we go Full UC here. I assume I'll have to reapply, or have a review, or something? I'm about to be officially diagnosed with a new MH illness, which is probably a change in circumstances, yes?

Thanks for your comments! I'm kinda freaking out about this.

Heather

poppy123456

Waylay said:

High @mikehughescq and @poppy123456 .

I'm in the support group, and have been for 3 years (income-related ESA, as my contributory ESA ran out a while ago). My award is supposed to end in October (not time for a review, actually end of award), which is after we go Full UC here. I assume I'll have to reapply, or have a review, or something? I'm about to be officially diagnosed with a new MH illness, which is probably a change in circumstances, yes?

Thanks for your comments! I'm kinda freaking out about this.

Heather

 Once you're on CB you'll always be on this, if you're placed in the Support Group. It's possible to receive an Income related top up, depending on household income.

As stated your ESA won't just stop because it's run out, you can't be found fit for work without an assessment. You'll continue to be paid your ESA and remain in the Support Group, even if you haven't been sent another ESA50 form by October. You wull eventually be sent another ESA50 form for a review but lots of people go over the time stated.

A diagnosis, isn't a change of circumstances. As you're already in the Support Group then you can't get anything higher than this. Unless your condition has improved there's no need to report a change of circumstances.

Waylay

@poppy123456, thank you so much!! I had no idea. I feel so much lighter. Maybe I can actually sleep! Many many thanks.

mikehughescq

At the risk of putting a spanner in the works what @poppy123456 says ought to be true but isn’t. You’ll be okay @Waylay unless you have a top-up or need to claim means-tested ESA. NAWRA and others have written to Neil Couling pointing out that people are repeatedly being wrongly told that they need to have a new WCA for UC and therefore are only being allowed onto it as jobseekers even when they’re already in the SG. A total mess. 

Waylay

Oh dear.... I should have SDP, except I lost my PIP (wrongly). I'm now on means-tested ESA.

poppy123456

mikehughescq said:

At the risk of putting a spanner in the works what @poppy123456 says ought to be true but isn’t. You’ll be okay @Waylay unless you have a top-up or need to claim means-tested ESA. NAWRA and others have written to Neil Couling pointing out that people are repeatedly being wrongly told that they need to have a new WCA for UC and therefore are only being allowed onto it as jobseekers even when they’re already in the SG. A total mess. 

Waylay has already stated she's claiming the Income Related top up for ESA, which would be the EDP.

mikehughescq

So, your contributory ESA continues but your means-tested ESA will be subject to managed migration to UC.  Draft regs for that are currently out for consultation. At the point at which you get moved they will incompetently tell you that you need a new WCA. They’re wrong but they’re currently unable to stop themselves and it’s unlilely to change by the time you get there. This means you’ll only get UC on the basis of being available for work. 

This, as you may gather, is a complete mess.

poppy123456

Managed migration won't take place until at least 2019 but quite possibly much later for a huge amount of people.

Waylay

Both parts of my ESA are ending soon. I still don't have my PIP back.

poppy123456

No they won't just end! As i already stated because you're in the Support Group CB ESA won't end, it's paid for as long as you remain in the support Group.  You can't be found fit for work without an assessment. Your ESA will continue because there's no end date on the award. The date means they could send you another ESA50 form, lots of people go over their time allowed. If they don't send you the form by that date then your ESA will continue.

[Deleted User]

Hi Waylay

This is so difficult, so many rules to consider at once.

Contributory ESA is paid indefinitely for whatever period you are in the support group. And you stay in the support group until you are re-assessed - with a good chance of staying in it after that re-assessment. 

You can have contributory ESA topped up with income-related ESA. 

If you've lost your SDP because you've lost your PIP, but still have your EDP in place, then you still have an award of income-related ESA. If you win your appeal, there won't be a break in your ESA claim, and you will be paid arrears. Therefore no need to migrate onto UC and no eventual loss of premiums at the moment. 

Please keep us updated. There are more decisions for you to make, should you not win the appeal.  

I hope that's how it works out anyway. 

Gill_Scope