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
You can see the video here.
https://m.youtube.com/watch?v=P5o8hRHh9IY
STATUTORY INSTRUMENTS
SOCIAL SECURITY
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.
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.
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—
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.”
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
(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.
@Flossie24 Glad to help, I'm glad you like my username its appropriate in this day and age with this government????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 !
Hi, thanks for the advice!BenefitsTrainingCo said: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
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 said:@poppy123456 now I really feel like my head is about to explode. I get £191.45 each week with my ESA