Transition onto UC

kami24

So if we choose ourselves to go onto UC will we still get transitional protection or is this only in the future when the government slowly migrates us over into UC from jsa and ESA? Very confused and just wondering about medical notes and so on

poppy123456

Hi,

There's no transitional protection for anyone yet.

Are you claiming SDP?

kami24

Yes sdp

poppy123456

I thought so. This means that you won't be able to claim UC. New legislation was introduced on Monday 14th January saying that those that claim SDP will not be able to claim UC until the transitional protection is put into place. Information here in this link.

http://www.legislation.gov.uk/uksi/2019/10/made

kami24

Oh okay but if you change circumstances then obviously you go straight onto UC? 

kami24

I just want to know if I move house etc or things like that 

kami24

That's good about legislation because I know dwp wanted to get alot of us on sdp off of jsa and ESA onto UC before the law changed the guidelines 

poppy123456

kami24 said:

Oh okay but if you change circumstances then obviously you go straight onto UC? 

No, those that are claiming SDP will not be able to claim UC if they have a change of circumstances. If you move house then you'll claim housing benefit, just like you did before.

Those that aren't claiming SDP will have to claim UC if they have a change of circumstances that will prompt a move across.

kami24

What about work ? 

kami24

As I am on jsa they always want me to work etc but I guess I can get a medical note  

poppy123456

When you claimed JSA you signed a claimant comment to looked for work because that's what JSA is. You can only claim JSA with a sick note for 13 weeks.

ESA is for those with a limited capability for work. Have you previously claimed this?

kami24

No but I should have claimed ESA but I have about 28 jobs you see bpd instability and mood swings so can never work long term 

kami24

Unfortunately could no longer claim ESA so stuck on jobseekers!! 

kami24

UC replaced it 

poppy123456

kami24 said:

Unfortunately could no longer claim ESA so stuck on jobseekers!! 

That's not correct for you as i previously advised. Because you claim SDP then you won't be able to claim UC. This means you can claim ESA providing you haven't previously claim ESA and been found fit for work.

Please read the link i posted in an earlier comment.

poppy123456

The rules changed for those claiming SDP on Wednesday 16th January 2019.

kami24

Income based? People seemed to think its only contribution based now when I ask

poppy123456

Yes income based.  You're not understanding what i'm saying, please read back through this thread.

Those that care claiming SDP can not claim Universal credit, until transitional support protection starts. The reason you couldn't claim Income based ESA previously when you asked was because these new rules only came into affect on 16th January 2019. Please read this link.

https://community.scope.org.uk/discussion/54708/help-me#latest

This was taken from the above link.

Restriction on claims for universal credit by persons entitled to a severe disability premium

4A.  No claim may be made for universal credit on or after 16th January 2019 by a single claimant who, or joint claimants either of whom—

(a)is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium;

kami24

Thankyou for that advice didn't know that about legislation. Very useful to know. I will read all thus through

poppy123456

You're very welcome. If you have never claimed ESA in the past and been found fit for work then it maybe worth you claiming this, especially if you're having difficulty looking for work. You'll need sick notes from your GP while you're on assessment rate.

If you do claim ESA then the money you'll receive would be less than on JSA because there's a disability premium paid on JSA that isn't paid on ESA, so do be aware of that.

livonia

Best thing for you to do, if you are able in my opinion is go to the citizens advice and get them to look in detail at what you ARE currently claiming and what you COULD claim.  also run by them if you think you are going to have a change in circumstances.  i find it difficult personally to express myself face to face so had until i moved used  a support worker as an advocate.

i would write down what you are needing to know in a list form.  one for where you are now, and one if you think you are going to have a change in circumstances. 

if you phone cab you could probably get an appointment pre booked rather than having to wait for hours..personally  i wouldn't make any decisions before you thoroughly understand the implications of anything. 

 make sure  you ask if the cab are up to speed on the new legislation.  maybe take a print off if you have access to a printer.

last thing you want to do is do something that makes you worse off financially. also you don't want overpayments etc. 

 take your benefit letters with you so you are completely sure what you ARE CURRENTLY claiming as it is complicated to know as the names of the benefits are very similiar.  are you sure you are on sdp ? there used to be an old benefit linked i think with dla - called sda .  

good luck

kami24

Yeah on my entitlement letter it says amount we give you because you are disabled (on pip) then it says the amount after =49.50 so weekly it's currently 119.80 roughly 

kami24

Jsa that is 73 standard allowance plus the 49

poppy123456

kami24 said:

Jsa that is 73 standard allowance plus the 49

That's the couples disability premium rate, £47.80 per week. it's not the severe disability premium. You need to live alone or be classed as living alone to claim the SDP.

If you don't claim SDP then a change of circumstances means a claim for Universal credit for you.

See link regarding the disability premiums.

https://www.gov.uk/disability-premiums-income-support/what-youll-get

I agree with the advice about speaking to your local CAB for a benefits check because transferring to UC you could potentially be worse off.

kami24

It can't be couples because I live alone 

kami24

49.50 

kami24

How much is sdp then and who is in on sdp?? 

poppy123456

kami24 said:

It can't be couples because I live alone 

The SDP is £64.30 per week  and are you sure that it's £119.80 per week JSA you receive? There's 2 disability premiums available on JSA and that amount you say you receive isn't correct. Have you been sanctioned at all recently?

poppy123456

As it's a single JSA claim and you live alone, claiming daily living PIP then this is what you should be receiving from JSA every 2 weeks.

JSA £73.10 per week

Single person disability premium £33.55 per week

SDP (severe disability premium) £64.30 per week. (You can only claim the SDP if no one claims carers allowance for looking after you)

Weekly amount. £170.95

Total amount every 2 weeks. £341.90

If this isn't the amount you're receiving then there's either something they're not paying you or you currently have a sanction and they're stopping money from your benefits or they're taking money from your benefits for a loan or something else.

kami24

I'm not sure I will have to find out maybe it was from a student loan but don't think so 

kami24

I thought only people on enhanced rate pip got the amount you put above?? 

poppy123456

kami24 said:

I thought only people on enhanced rate pip got the amount you put above?? 

No, the figures i put above are correct, you don't need Enhanced PIP for those. However, a student loan is classed as income for Income related JSA.

kami24

Okay update on my jsa claim, i think it is sdp but they award me less as my partners visa ran out so he has to reapply to stay in the UK but we aren't married amd no children etc so he may have to wait a few more months until he gets leave to remain  He has no recourse to public funds so they reduce it according to this o guess as when they reinstated my jsa it was 341 award on my letter or 168.50 a week but they have since changed it back to 240 every 2 weeks and the reason they gave is due to his leave to remain. However  i dont feel its possible for me to work as i have tried and its all just too much for me therefore maybe i should be claiming another benefit instead if this is at all possible???? 

poppy123456

As you live with your partner then you won't qualify for the SDP which is why your JSA has been reduced. To qualify for the SDP then you need to live alone or be classed as living alone. Even though your partner has no access to public funds this still doesn't mean you qualify for the SDP because you're still living with your partner. The amount you receive doesn't make sense to me.

As previously advised you need to get further expert advice and speak to an advice agency near you. This way you'll be able to tell them all of your personal details and they be able to give you the correct advice.