transitional protection on migration to UC

Sussex_boy
Sussex_boy Online Community Member Posts: 4 Listener
edited November 27 in Universal Credit (UC)

Can anybody help on this? My son was on Income-related ESA and is on the higher levels of PIP. On migration to UC, he is now on a different ESA, and his new ESA plus UC results in a drop of £54 per week. I asked about transitional protection

"By my calculation, he got £489.30 every 2 weeks for ESA, ….. I calculate this as £1060.15 per month, compared with your assessment on UC of £823.41 per month. Is a reduction to 78% of the previous benefits typical? How do I claim for transitional payments for him?"

and the DWP rep said

"We cannot add transitional protection back onto the claim as he is in receipt of LCWRA now on UC."

My son is in the LCWRA category, but everything I have read on the web says that he should be entitled to transitional protection. The only thing that might be an issue is that he has full time live in carers and some commentators suggest that living with somebody (presumably able bodied) might be an issue. However I think it can only be one of language as my son's social worker has confirmed that live in carers do not live with him, they just work there.

If my reading of the advice on the web is correct, can anybody suggest how to get DWP to agree to transitional protection?

Huge thanks

David

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Comments

  • Kimi87
    Kimi87 Online Community Member Posts: 7,889 Championing

    I'd suggest asking for a Mandatory Reconsideration of the decision not to award Transitional Protection after migration.

    https://www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/challenging-a-universal-credit-decision-mandatory-consideration/

    Local welfare rights organisation finder:

    https://advicefinder.turn2us.org.uk/

  • Sussex_boy
    Sussex_boy Online Community Member Posts: 4 Listener

    Thank you - I will follow this up.

    I would much prefer to understand why what I read what is on the web (including Turn2Us) does not apply. If I can do this it would be quicker and less stress!!

  • Kimi87
    Kimi87 Online Community Member Posts: 7,889 Championing
    edited November 27

    I'd be willing to bet your answer is UC staff giving you incorrect information.

    If he migrated from ESA Support Group with SDP (which he did going from your figures), he is worse off on UC, he should get Transitional Protection therefore UC have made a mistake in not adding this to his award and are compounding the situation by giving you incorrect advice.

  • Mary_Scope
    Mary_Scope Posts: 3,199 Scope Online Community Children and Family Specialists

    Hi @Sussex_boy and a warm welcome to the community from me!

    I see Kimi has already answered your question and given some good advice so I won't add anything else today but its lovely to have you here and I hope you enjoy your time on the community😊

  • Sussex_boy
    Sussex_boy Online Community Member Posts: 4 Listener

    Thanks both.

    I have now posted in the UC journal to ask for a mandatory reconsideration.

    I got a similar answer from a benefits specialist identified through CAB, but she has a different take on SDP. I looked at his last ESA notice in Mar 25, and in the build up it does not mention severe disability premium. If he was not getting that, does it alter your view?

    Thanks

  • Kimi87
    Kimi87 Online Community Member Posts: 7,889 Championing
    edited November 28

    If he wasn't getting SDP, then he's better off on UC so Transitional Protection wouldn't apply.

    However the monetary amount you posted (£489.20 a fortnight) suggested he was getting it.

    Weekly amounts:

    £92.05 Standard Allowance

    £48.50 Support Group Component

    £21.20 Enhanced Disability Premium

    £82.90 Severe Disability Premium

  • Sussex_boy
    Sussex_boy Online Community Member Posts: 4 Listener

    Thank you, and huge apologies, as I have misread/misunderstood something.

    Slightly bizarrely the DWP letter providing notification about the ESA my son got from April sets out the breakdown for the year 24-25, so the figures are slightly different to what you put down, but I think it is clear which is which. The entry for £81.50 actually says "Extra money because you are severely disabled", but I assume that is SDP??

  • Kimi87
    Kimi87 Online Community Member Posts: 7,889 Championing

    Yes that's the SDP.

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