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Are you still entitled to managed migration if you move home?

Flossie24
Flossie24 Member Posts: 18 Connected
edited April 2019 in Universal Credit (UC)
If anyone at all could help me I would be so unbelievably grateful.

I am currently receiving ESA (Support group) as well as PIP. Which was a very long process but I got there in the end. And am currently in the group that will be part of the natural migration and protected under transitional protection. 

Anyway my question is this. Given my circumstances would moving home constitute as a trigger and force me to apply for universal credit and lose my transitional protection. 
I so don't want to jeopardise my transitional protection as it took so long to get here. But I'm still living at home with my parents at 26 and would like to become more independent. I have a social care worker and support and a place that I can afford has become available literally a minutes walk away from my current home, so its absolutely perfect for me. I hate the idea that I have to put my life on hold for 1,2,3 years or however long it will be before the managed migration. They say that it will be July this year at the earliest and by March 2023 they will be done !!

When can I move? Do I have to wait until I'm on UC? and does it make a difference if I'm not currently claiming housing benefit?

I've tried looking around for an answer and have found conflicting information and I'm more confused than before so any help would be amazing.

Thanks 

«1

Comments

  • Government_needs_reform
    Government_needs_reform Member Posts: 859 Pioneering
    Please read this here, you should be ok to move and won't need to move to UC yet.

    STATUTORY INSTRUMENTS

    2019 No. 10

    SOCIAL SECURITY

    The Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019

    Made

    11th January 2019

    Laid before Parliament

    14th January 2019

    Coming into force

    16th January 2019

    The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by section 42(1) to (3) of, and paragraphs 1(1) and 3(1)(a) of Schedule 6 to, the Welfare Reform Act 2012(1).

    In accordance with section 173(1)(b) of the Social Security Administration Act 1992(2), the Social Security Advisory Committee has agreed that these Regulations should not be referred to it.

    In accordance with section 176(1) of Social Security Administration Act 1992 and, in so far as these Regulations relate to housing benefit, the Secretary of State has consulted with organisations appearing to her to be representative of the authorities concerned in respect of the proposals for these Regulations.

    Citation and commencement

    1.  These Regulations may be cited as the Universal Credit (Transitional Provisions) (SDP Gateway) Amendment Regulations 2019 and come into force on 16th January 2019.

    Amendment of the Universal Credit (Transitional Provisions) Regulations 2014

    2.—(1) The Universal Credit (Transitional Provisions) Regulations 2014(3) are amended as follows.

    (2) In regulation 2 (interpretation) insert at the appropriate place in paragraph (1)—

    ““severe disability premium” means the premium in relation to an employment and support allowance under paragraph 6 of Schedule 4 to the Employment and Support Allowance Regulations 2008(4) or, as the case may be, the corresponding premium in relation to income support, old style JSA or housing benefit;”.

    (3) After regulation 4 insert—

    “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; and

    (b)in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium.”

    Consequential Amendments

    3.—(1) In article 5A(1) of the Welfare Reform Act 2012 (Commencement No 9 and Transitional and Transitory Provision and Commencement No 8 and Savings and Transitional Provisions (Amendment)) Order 2013(5) before “39” insert “4A of those Regulations (restriction on claims for universal credit by persons entitled to a severe disability premium) or regulation”.

    (2) In paragraph (11) of article 6 (transitional provision: claims for housing benefit, income support or a tax credit) of the Welfare Reform Act 2012 (Commencement No 21 and Transitional and Transitory Provisions) Order 2015(6) before “39” insert “4A or”.

    (3) In paragraph (2) of article 7 (transitional provision: claims for housing benefit, income support or a tax credit) of the Welfare Reform Act 2012 (Commencement No 23 and Transitional and Transitory Provisions) Order 2015(7) before “39” insert “4A or”.

    Signed by authority of the Secretary of State for Work and Pensions

    Alok Sharma

    Minister of State for Employment

    Department for Work and Pensions

    11th January 2019

    EXPLANATORY NOTE

    (This note is not part of the Regulations)

    These Regulations make provision restricting claims for universal credit by claimants who are, or have been, in receipt of an existing benefit that includes a severe disability premium.

    Regulation 1 provides for citation and commencement.

    Regulation 2 contains amendments to the Universal Credit (Transitional Provisions) Regulations 2014 (S.I. 2014/1230, as amended).

    Regulation 3 makes consequential amendments that enable those claimants who are prevented from claiming universal credit by virtue of regulation 2 to make a claim for an existing benefit.

    An impact assessment has not been produced for this instrument as it has no impact on business and civil society organisations. This instrument has no impact on the public sector.

    Full details here http://www.legislation.gov.uk/uksi/2019/10/made
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • Flossie24
    Flossie24 Member Posts: 18 Connected
    Thank you Goverment_needs_reform (amazing name by the way). I'll have to get some conformation from someone but that looks really promising. And seems like it was done fairly recently so it makes sense that there is conflicting information out there. Thanks again !
  • Ami2301
    Ami2301 Member, Community Co-Production Group Posts: 7,945 Disability Gamechanger
    Hi @Flossie24 welcome to the community! Let us know if you have any further questions :)
    Disability Gamechanger - 2019
  • Flossie24
    Flossie24 Member Posts: 18 Connected
    Ami2301, Thank you, will do  :)
  • Government_needs_reform
    Government_needs_reform Member Posts: 859 Pioneering
    edited April 2019
    Flossie24 said:
    Thank you Goverment_needs_reform (amazing name by the way). I'll have to get some conformation from someone but that looks really promising. And seems like it was done fairly recently so it makes sense that there is conflicting information out there. Thanks again !
    @Flossie24 Glad to help, I'm glad you like my username its appropriate in this day and age with this government????

    That above is all the official legislative government legislation.

    You will be ok now, if the try to fob you of just quote that all above.?

    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,622 Pioneering
    Hi Flossie,
    first of all, everywhere has UC now - but you only have to claim it if you’re making a new claim & you can’t claim the old benefits it replaces.

    My advice would be as follows:

    if you move to supported accommodation you can still claim housing benefit & keep all your other benefits. You should check with the tenancy provider whether the accommodation is supported, as it can depend on who your landlord is, but for example if you rent from a housing association & there’s any element of support or supervision you can claim HB & avoid UC

    if that is not the case, but you will be living alone when you move & no one will be claiming carer’s allowance for you, then as soon as you move you could add the SDP (severe disability premium) to any existing award of income-related ESA that you have. You won’t be getting the SDP at the moment because you live with your parents. I’m assuming here that you are getting PIP daily living component. If this applies (you are entitled to the SDP as soon as you move), the regs quoted above mean you can’t claim UC and could claim HB instead, just keeping your other benefits as they are now but with the extra SDP.

    If neither of these things apply (you are not moving to supported accommodation, or you don’t live alone, or someone will be claiming carer’s allowance because they care for you), then I’d avoid moving for the time being as you wouldn’t be able to get help with your rent without claiming UC.

    As long as you avoid UC due to a change of circumstances (called natural migration) then when managed migration reaches you (we don’t know exactly when/where they will do this, but it won’t be before January 2020 unless you live in Harrogate in NorthYorkshire) the amount of money you get will be protected when you do have to claim UC.

    I’m sorry it’s so complicated. You are right to be cautious. Let us know if you have any further questions. I hope you can take the tenancy which is so near your current home but do make sure you’re protected from UC first. If possible, get welfare rights advice locally; your social care worker may be able to suggest somewhere that can advise, or you could try the CAB. 

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • poppy123456
    poppy123456 Member Posts: 29,796 Disability Gamechanger
    Hi,

    The advice that my dear friend above @Government_needs_reform has given you is indeed very good advice however, this doesn't apply to you because i see from your post that you live with your parents at the moment, am i correct?

    Living with your parents could possibly mean that you're not currently receiving the Severe disability Premium (SDP) (for living alone) Unless both your parents are also receiving a qualifying benefit such as PIP daily living or DLA mid/high rate care or Attendance allowance. Also if either of them are claiming carers allowance for looking after you then you definitely won't be claiming the SDP.

    If you're not claiming the SDP them i'm afraid moving house and needing to claim housing benefit for help with rent will mean that you will have to claim UC because you won't be one of those that's excluded from claiming UC under the rules above. Transitional support protection for those not claiming the SDP doesn't start until at least July this year.

    Are you planning on moving before July this year? If so then When you do move if no one is currently claiming carers allowance for you then i'd urge you to start a claim for the SDP by contacting ESA BEFORE doing anything else like claiming UC.

    If you claim the SDP first, which can take 3-4 weeks, maybe less if you start the claim over the phone rather than asking them to send you the form. Wait for payments to start with this and then claim housing benefit because once you claim the SDP then the rules above will apply to you. Doing it this way will mean that you won't be claiming any help with your rent until the SDP is in payment BUT once you do claim housing benefit it can be backdated 1 month.

    If you move after July this year then things maybe different by the for those currently claiming the SDP because if managed migration has started by July then those claiming SDP may possibly need to claim UC with a change of circumstance because the transitional support protection will be in place for everyone once managed migration starts.


  • Flossie24
    Flossie24 Member Posts: 18 Connected
    Hi Flossie,
    first of all, everywhere has UC now - but you only have to claim it if you’re making a new claim & you can’t claim the old benefits it replaces.

    My advice would be as follows:

    if you move to supported accommodation you can still claim housing benefit & keep all your other benefits. You should check with the tenancy provider whether the accommodation is supported, as it can depend on who your landlord is, but for example if you rent from a housing association & there’s any element of support or supervision you can claim HB & avoid UC

    if that is not the case, but you will be living alone when you move & no one will be claiming carer’s allowance for you, then as soon as you move you could add the SDP (severe disability premium) to any existing award of income-related ESA that you have. You won’t be getting the SDP at the moment because you live with your parents. I’m assuming here that you are getting PIP daily living component. If this applies (you are entitled to the SDP as soon as you move), the regs quoted above mean you can’t claim UC and could claim HB instead, just keeping your other benefits as they are now but with the extra SDP.

    If neither of these things apply (you are not moving to supported accommodation, or you don’t live alone, or someone will be claiming carer’s allowance because they care for you), then I’d avoid moving for the time being as you wouldn’t be able to get help with your rent without claiming UC.

    As long as you avoid UC due to a change of circumstances (called natural migration) then when managed migration reaches you (we don’t know exactly when/where they will do this, but it won’t be before January 2020 unless you live in Harrogate in NorthYorkshire) the amount of money you get will be protected when you do have to claim UC.

    I’m sorry it’s so complicated. You are right to be cautious. Let us know if you have any further questions. I hope you can take the tenancy which is so near your current home but do make sure you’re protected from UC first. If possible, get welfare rights advice locally; your social care worker may be able to suggest somewhere that can advise, or you could try the CAB. 

    Will
    Hi, thanks for the advice!

    Odd that you said about the severe disability premium as I do currently receive that. It came in when I was awarded my PIP (I didn't even know it was a thing before then so it was a pleasant surprise).

    I'll have to discuss supported living with me social worker, thanks.

    I will be living on my own. So does that mean that my benefits won't change and I could just add housing benefits on top of it. And what does that mean for when I am moved over to UC ? will I still be protected?

    Sorry for so many questions its just needlessly confusing.

    I've also tried to get in contact for the past couple of weeks with my local money advice unit that have me on there books but they haven't gotten back to me. So I thought I'd ask on here
  • Government_needs_reform
    Government_needs_reform Member Posts: 859 Pioneering
    Thanks for that @poppy123456 I should have added and forgot the bit in about the SDP? then I should have said if they was moving soon would be able to claim SDP and they then could keep on ESA and not UC.
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • poppy123456
    poppy123456 Member Posts: 29,796 Disability Gamechanger

    Are you 100% sure you're claiming the SDP in with your ESA payments? As i advised, unless both your parents are receiving a qualifying benefit then you won't be entitled to this extra money. SDP is around £65 extra per week on top of your ESA. If you're in the Support Group for ESA then this should bring your weekly payments to approximately £191 per week. (single person)

  • Flossie24
    Flossie24 Member Posts: 18 Connected
    edited April 2019
    @poppy123456

    I'm absolutely sure, I had a letter through from them explaining it all. It started last October I think.  They know I live with parents. From what I understood at the time it was down to the amount of points I was awarded with my PIP claim.
  • poppy123456
    poppy123456 Member Posts: 29,796 Disability Gamechanger
     I really do think you're confusing this with something different. If you are claiming this and your parents aren't claiming a qualifying benefit then i'm afraid you shouldn't be claiming it. This link explains the SDP and what it is. https://www.turn2us.org.uk/Benefit-guides/Severe-Disability-Premium/What-is-a-Severe-Disability-Premium

    May i ask how much ESA you receive each week or fortnight?
  • Government_needs_reform
    Government_needs_reform Member Posts: 859 Pioneering
    As @poppy123456 stated it should be around £191 before the updating letter in April, it now should now be £194+ and it will be added with you ESA not in with PIP?
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • Flossie24
    Flossie24 Member Posts: 18 Connected
    @poppy123456 now I really feel like my head is about to explode. I get £191.45 each week with my ESA
  • poppy123456
    poppy123456 Member Posts: 29,796 Disability Gamechanger
    Flossie24 said:
    @poppy123456 now I really feel like my head is about to explode. I get £191.45 each week with my ESA
    That does suggest that you're claiming the SDP. Do both your parents claim either PIP daily living, DLA mid/high rate care or attendance allowance? If they don't then you claiming the SDP is an error and i'd advise you to ring ESA to tell them.
  • Flossie24
    Flossie24 Member Posts: 18 Connected
    I just spoke to my mum and we did call them to check when the money first came it because I'm so nervous of over claiming and that didn't seem right at all. They looked at my claim and said that it was fine.
    I'll have to call them and double check because I'm really nervous now. 
  • poppy123456
    poppy123456 Member Posts: 29,796 Disability Gamechanger
    I'm assuming both of them don't claim a qualifying benefit because you haven't answered that question.

    This will be an error but it will be their error because they shouldn't have awarded the SDP to you because you live with your parents. This means that you shouldn't have to pay it back but the extra money will stop.
  • Government_needs_reform
    Government_needs_reform Member Posts: 859 Pioneering
    That's a little confusing if your parents don't claim PIP or DLA and you living there. SDP is paid if you living on your own and no one claims careers allowance for you.

    Id be a little concerned if I was in that situation @Flossie24 @poppy123456 is also right in advising you too.
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • Flossie24
    Flossie24 Member Posts: 18 Connected
    No they don't recieve anything. Sorry I didn't say.

    I'm just so annoyed with them because they know I live with parents, I've filled in enough forms for them to know :) and I called after they awarded it because I was so confused. My mum even spoke to them. God its such a nightmare. I'll call tomorrow. thanks so much for the advice, its reassuring that I might not have to give it back because I don't have to money to do that.

  • poppy123456
    poppy123456 Member Posts: 29,796 Disability Gamechanger
    You're welcome. When you ring tell them that you're claiming the SDP but you're living with your parents and you shouldn't be claiming it.

    Did you apply for it or was it automatically awarded to you? Usually with SDP it's not automatically awarded because of the criteria.

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