ESA & SDP to UC, transitional protection?

sky982

Hello!

I currently am in receipt of ESA with SDP & housing benefit. I am about to move local authorities so will need to make a new claim for housing benefit, it says that the block on people claiming SDP being moved to UC ends on 27th Jan 2021, since I will mostly likely be filling out my form next week that will be just before that date but I was just wondering if I were to fill it in after that date would I get transitional protection as part of UC?

poppy123456

HI,

If you move after the 27th January 2021 then you will need to claim UC, if this happens you will be entitled to the transitional protection. Your ESA award will be honoured in UC and you will be placed into the relevant group. If you're in the Support Group you'll be placed into the LCWRA group. Those in this group, who are currently receiving single rate SDP will be entitled to £120 per month transitional protection in their UC manximum entitlement.

https://www.gov.uk/government/publications/universal-credit-and-severe-disability-premium-claims/universal-credit-and-severe-disability-premium-claims

sky982

Hi Poppy!

Does this mean they have backtracked on leaving people originally on SDP worse off regardless of whether they are naturally or manage migrated? 
As I will most likely filling the form in next week and sending it off before 27th Jan I think I will remain on ESA but would the transitional protection still apply if I were to either move again or they just naturally migrate me on to UC?

poppy123456

For those that are over 25 UC LCWRA pays more than ESA Support Group (without the SDP) with the transitional protection of £120 this means that LCWRA pays slightly less per month than ESA with the SDP. Remember that ESA is a weekly benefit, paid fornightly. UC is a monthly benefit so you need to work the ESA payments out as a monthly payment.

If you move anytime after 27th then you will need to claim UC and you will receive the transitional protection, as advised.

poppy123456

One thing i should point out is that if other elements of UC increase, there will be an equivalent reduction in your transitional proctection. So if for example your housing element increased by £3, then your transitional protection will reduce by £3.

See link and scroll down to "reduction of amount" https://england.shelter.org.uk/legal/benefits/universal_credit/migration_and_transitional_protection

sky982

Thank you Poppy

So to sum up (as simply as possible) Natural migration triggers claim for UC after 27th Jan which means you get transitional protection to cover the amount of SDP lost (roughly) and managed migration for those on ESA & SDP will also be covered by transitional protection when they are moved over - it says that will happen by 2023?

poppy123456

You're welcome. Yes that's exactly it. Although managed migration could very likely be alot later than 2023. I think the last date given was 2024 but then Covid happened, although a lot of people have moved across to UC since Covid. If the DLA to PIP transfer is anything to go by, PIP was introduced in April 2013 and almost 8 years later there's still people who are waiting to be invited.

littleacorn

Just wondering if reciving ESA support group and entitled to claim SDP but chose not to claim, do they still get this transitional protection if they later claim UC

poppy123456

littleacorn said:

Just wondering if reciving ESA support group and entitled to claim SDP but chose not to claim, do they still get this transitional protection if they later claim UC

I'm confused, when you would choose not to claim the SDP if you're entitled to it? That's a lot of money each week. Transitional protection for the SDP will not be included if you don't claim the SDP.

littleacorn

I just thought that as my husband works and he provides my care then we would not be able to claim this. 

poppy123456

littleacorn said:

I just thought that as my husband works and he provides my care then we would not be able to claim this. 

Yes, that's correct, which also means that you're not entitled to the SDP. Your Contributions based ESA will never be part of UC and you will always remain on ESA.

littleacorn

So to clarify, I am entitled to SDP as receiving ESA support group contribution based but as my husband works and provides all my care I cant claim it! However if someone else was my carer can I then claim SDP

poppy123456

littleacorn said:

So to clarify, I am entitled to SDP as receiving ESA support group contribution based but as my husband works and provides all my care I cant claim it! However if someone else was my carer can I then claim SDP

No, that's not correct. SDP is only paid when claiming Income Related ESA but you must also live alone or be classed as living alone. As you're living with your husband then you won't be entitled to the SDP at all, even if you had a carer. The SDP isn't automatically paid because of the criteria. Also because you're claiming Contributions based then you're not entitled to any of the disability premiums even as a income related top up because your husband works.

Someone could claim carers allowance for looking after you though because that's a totally different benefit, which you can't claim yourself.

See SDP criteria here. https://www.entitledto.co.uk/help/severe-disability-premium

Hope this helps tro explain it better.

littleacorn

Thanks for the above info. It just makes me feel so guilty that if I lived alone I could get more money to help with things that I need because of my disability but instead as I live with my husband and he works (and not on a good wage) he has to pay for them out of his wages so in effect he subsides my disability.

poppy123456

littleacorn said:

Thanks for the above info. It just makes me feel so guilty that if I lived alone I could get more money to help with things that I need because of my disability but instead as I live with my husband and he works (and not on a good wage) he has to pay for them out of his wages so in effect he subsides my disability.

No worries. In my opinion, your Contributions based ESA is a very good thing because if you were claiming Income Related ESA then you wouldn't be entitled to anything at all because your husband works. There are lots of people that aren't entitled to anything at all when living with a partner.

Have you ever used a benefits calculator to see if you're entitled to any Universal Credit? If it's just the two of you and you don't need help with any rent then you may not be entitled to anything but it's difficult to advise without knowing all your circumstances.

littleacorn

Thanks again. Yes I have used a benefit calculator many times hoping things might change but unfortunitly I seem to fall just above the limits. We own our own house aswell so all our repairs etc we are responsible for. I have tried to look at criteria for various grants but agin cant find any which I can apply for. Some people think you have lots of money when you work and own your own home but our home was paid for from compensation my husband receive following a serious accident and my husband is just above min wage. 

poppy123456

No problem. If you lived alone the SDP and the Enhanced disability premium amount would never replace the earnings your partner receives because those 2 disability premiums come to £364 per month, which really isn't a lot of money at all. Especially if your partner works full time.

Unfortunately, grants are often means tested but it does depend what grant you're looking for and what exactly it's for.

Thankfully you do have your CB ESA.

sky982

I ended up moving after 27th of Jan so Ive applied for universal credit, had a phone call with someone the other day and now I have to have a 'First Commitments' appointment, even though the person other day said I would most likely be canceled. Is this normal? I guess I can explain again on the phone my circumstances if they aren't aware. 

calcotti

It's a condition of UC that claimants agreed Claimant Commitment. For someone with LCWRA it's my understanding that the commitment is likely to be not much more than agreeing to keep them informed about any changes in your circumstances. I'm sure there are lots of forum members who will be able to confirm or contradict this.

Adrian_Scope

Hello @sky982. How did you get on with your commitments appointment?
As Calcotti mentioned these are given to everyone when first claiming.

Even those in receipt of LCWRA have the commitment of:

Using my online account
I'll sign into my account often to:

• complete all activities in my to-do list
• report changes to my circumstances promptly, including changes to work

They don't always require a meeting but for new claims while they set up and transfer ESA awards etc it can happen. If you remain in LCWRA you shouldn't have any further commitment meetings.