Moving from Legacy benefits to UC advise please.

Reddragon69
Reddragon69 Online Community Member Posts: 32 Listener
in Universal Credit (UC)

I am on Income based ESA ( support group) myself and my partner both receive Pip and get SDP in our ESA. He receives carers allowance for our child. We also get housing benefit. 

I stopped receiving Child tax credits in 2022 after an error/ misunderstanding that I think was partly my fault and partly the Child tax credits advisors fault. At this point I did not claim UC but stayed on Legacy benefits. This was because at that time I did not know the SDP Gateway had been lifted. 

We remained on legacy benefits. 

This means that we have not been in receipt of any child tax credits since September 2022. Our child has special needs, attends a SEN Specialist school and would have had the disability enhancement in Child tax credits if the claim had not been closed in error. I closed the claim myself, due to wrong information given to me by the Child tax credit advisor on the phone.

So we are wanting to apply to Universal credit now. I am worried about this and would like to get some advice about the Transitional protection if I can please. 

How does the fact that we are not currently in receipt of Child tax credits but should be eligible for the child element in UC affect the TP? Would the child element be seen as an increase and therefore decrease the TP? 

I am waiting for a tribunal from 2022 for DLA for our child. If successful, would the increase in DLA decrease the TP? 

What happens if any of us lose our PIP on renewal? 

We are currently in receipt of housing benefit but are moving out of the Local Authority area into a different LA area in the next month. Should I apply for UC now or when we move? Our new rent will be £700 per month less than what we pay now. 

Thank you if you are able to advise. I am scared to make the UC application but really need to now, in order to access the child payment. 

Thank you so much. 

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    As this is not managed migration then you would only be entitled to SDP Transitional Protection because your ESA includes the SDP. See link https://www.entitledto.co.uk/help/sdp-transitional-elements

    Not claiming Tax credits is irrelevant here. 
  • Reddragon69
    Reddragon69 Online Community Member Posts: 32 Listener
    Thank you, so not having a child payment on legacy wouldn’t affect the SDP TP? I thought as it would be an increase on UC from legacy it would erode the TP? 


  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    No, it's not TP through managed migration. You're only entitled to it because the ESA includes the SDP. If it didn't then there would be no entitlement. 

    If your Childs DLA includes high rate care then you will be entitled to the higher disabled child element. IF it's any other award then you'll be entitled to lower disabled child element. 

    Who's the main claimant of the ESA claim please, you or your partner?
  • Reddragon69
    Reddragon69 Online Community Member Posts: 32 Listener
    I am and we are in receipt of high Care DLA and low mobility for our child. We are appealing the high mobility. If we were successfully how would that affect the UC as it would be an increase? 

    Also, do you know what happens if one of us loses our PIP and has to go to tribunal? 

    Thank you as it is so confusing. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    DLA isn't means tested so that doesn't affect any UC entitlement in a bad way. If the DLA is increased at Tribunal stage there will be no changes to your UC because you will already be entitled to the higher disabled child element. Make sure to report your Childs DLA award when you claim. 

    When you claim UC and you have access to your journal please put a message on there to tell them that you're in the Support Group for ESA. They will highly likely you ask to provide a fit note but please do not do that, just tell them you're in the Support Group and no fit note is needed. Once ESA send your details across your claim will be updated and you'll be asked to agree to your new claimant commitments which will be to just agree to report all changes. It's likely going to take a few weeks for this to happen. 

    Your partner needs to make sure they report being a carer and your UC will include the carers element. Carers allowance is deducted in full from any UC entitlement. As a carer they will have no work commitments. 

    Your UC will include standard couples allowance, SDP Transitional element, child element, higher disabled child element, LCWRA element, carers element and housing element. 

    The SDP TE will erode over time so if you become entitled to other elements, or benefit increase annually then the TE will decrease until such a time it erodes completely. 

    Your Income Related ESA and housing benefit will continue for 2 weeks once you claim UC. If any part of your ESA is contributions based this will continue but be deducted in full from any UC entitlement. 

    Yes, it's very confusing. It's a shame you didn't claim UC earlier because you have no doubt lost out on an awful lot of money by not doing so, even with SDP included in your ESA. 
  • Reddragon69
    Reddragon69 Online Community Member Posts: 32 Listener
    Thank you Poppy so much for all the info. It has made me feel a bit better about claiming now. I know what you are saying about not claiming sooner but I didn’t think I could but the child we look after has been through so much in his childhood and after a few years with us he is safe and happy so we count our blessings. Thank you again for your help. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    You’re very welcome. It just makes me quite sad to think of all the money you missed out on. Times are hard enough without not claiming what you’re entitled to. At least now you know and you will be entitled to extra money going forward. 

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