Universal Credit
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SDP transitional payments. Feeling the pinch.

5imply_Ted5imply_Ted Member Posts: 29 Connected
I have an update related to SDP transitional payments. My landlord recently increased the rent by a substantial amount. This triggered an increase in my Housing Element and has been taken out of my SDP transitional payment. This is how transitional payments work, but it doesn't apply if you receive SDP with a legacy benefit. 

Should an increase in the amount of rent your landlord charges automatically detract from the amount that the DWP awards a person to cover their extra disability needs? After all the hard work that went into fighting for these payments, it's a kick in the teeth to have them chipped away so quickly. 

Leigh Day solicitors are currently bringing claims against the Government for the various caveats that were put in place when these payments were introduced. I would like the support of the Scope community when I suggest to Leigh Day that they ask their Human Rights team to consider writing to the Secretary of State for Work and Pensions to suggest that introducing the SDP payments for UC, only for them to then come under transitional rules was a strategy to keep disabled people quiet for a while. However, this will affect all of us who were awarded the payments and the discrimination is stark yet again between those who receive legacy benefits and those who have migrated onto UC. 

The bottom line is that these SDP payments should be brought in line with the Childcare element and be exempt from transition. If the Government intends to strip disabled people of the entitlements they had under legacy benefits, then let them do so under the spotlight, for all to see, as opposed to under the cover of a penny here and a pound there. And let them be opposed while they do so.

I'd be interested to hear people's thoughts/rants/dismissals on this subject below.

Thanks for reading.

Replies

  • poppy123456poppy123456 Community champion Posts: 22,187 Disability Gamechanger
    If you're privately renting then there's a maximum amount you claim for the housing element depending on your circumstances. If you live a lone then you'll be entitled to the 1 bedroom rate of local housing allowance.

    As your rent has been substantially increased then your housing element might not cover the whole amount which will obviously mean you'll need to put money towards it which will leave you worse off each month.

    Check LHA rates for you area here. https://lha-direct.voa.gov.uk/

    Descretionary housing payment can be claimed from your local council for any shortfall in rent. It's not gauranteed and if it is awarded it's usually for a short amount of time before you have to re-apply. Speak to your local council to ask them for a form.


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • 5imply_Ted5imply_Ted Member Posts: 29 Connected
    My statement says "Your transitional protection payments have been decreased.

    This is because you are now being paid more Universal Credit."  The only increase in UC has been the increase in rent. My landlord is social housing and after the increase, the amount still falls beneath the 1 bed LHA rate. However, that increase has been subtracted from my SDP transitional payment.

  • woodbinewoodbine Member Posts: 2,159 Disability Gamechanger
    I always lose interest when i read the phrase "human rights" when discussing benefits like we live in some third world country.
    Rant over !  B)
  • poppy123456poppy123456 Community champion Posts: 22,187 Disability Gamechanger
    Confirmation of this is here for anyone that wants to read it.

    Reducing and ending transitional protection

    Reduction of amount

    If other elements of a claimant's UC award increase, there will be an equivalent reduction in the transitional element until the transitional element reduces to zero. This may mean that if, for example, a person's rent increases by £15 with a consequent increase in her/his housing cost element, s/he is no better off because of the effect on the transitional element. The only exception is childcare costs: if the amount awarded for these changes, the transitional element will be unaffected.[20]

    Link here. https://england.shelter.org.uk/legal/benefits/universal_credit/migration_and_transitional_protection

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • 5imply_Ted5imply_Ted Member Posts: 29 Connected
    edited December 2020
    Thanks to Ceri Smith, head of policy and campaigns at Scope for recognising this early and making her voice heard. I am now substantially worse off because of this legislation. I doubt I'll be the last. I'll be contacting my paralegal at Leigh Day to see if anything can be done about it in addition to the ongoing action being taken. Anyone wishing to put their name forward in a show of support, please feel free. Numbers help to grease the wheels in these matters..

    https://www.independent.co.uk/news/uk/home-news/disability-cuts-coronavirus-universal-credit-benefits-sdp-b993349.html
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