SDP - Housing benefit - not entitled to transitional protection.

RainManUK

In July 2018 I moved from working tax credit and housing benefit with SDP to UC (also pip high daily living - which I still receive.).

I get the LCWRA element of UC.

I had a conversation with the SDP team and apparently I am not entitled to the upcoming backdates / transitional protection that anyone else on SDP would be.

I have done a lot of searching of the web, and that does seem to be the case, however I cant find anywhere this is written officially, and / or the reason for this. Does anyone know where I might find this resource?

Also do I have any grounds to appeal against or route to argue against this?

If I made a claim before June 2018 (the go live date in my area) I would have claimed JSA/ESA and been on around £2000 a year higher income, If I tried to claim after January 2019 up to and including today, I wouldn't be able to claim UC, because I was on SDP with housing benefit and my income would be around £2000 a year higher.

I read somewhere that the reason given by the government not to include HB in the SDP backdate for those on SDP before January 2019 is that there would be no difference in the amount they receive, this is incorrect for me. however that could just be incorrect second hand information, I cant find any source.

Am I in a small loophole I just have to suck it up and move on?
From my understanding I am in a worse position than if I had claimed JSA/ESA one month earlier, and I'm in a worse position than if I had made the claim based on the same circumstances today.

poppy12345

I'm afraid the advice you've been given is correct the SDP award needed to have been in with ESA/JSA or Income Support. See link and scroll down to schedule 2.
http://www.legislation.gov.uk/uksi/2019/1152/made


Taken from the above link.

an award of universal credit has been made in respect of a claimant who, within the period of one month immediately preceding the first day on which the claimant became entitled to universal credit as a consequence of making a claim, was entitled to an award of income support, income-based jobseeker’s allowance or income-related employment and support allowance that included a severe disability premium;

(b)in a case where the award of income support, income-based jobseeker’s allowance or income-related employment and support allowance ended during that month, the claimant continued to satisfy the conditions for eligibility for a severe disability premium for the remainder of that month.

calcotti

Transitional protection only applies to people who had SDP in a DWP benefit such as ESA, Income Support etc. People who had an SDP included in their HB allowance are not included by the legislation. See Schedule 2 paragraph 1(a).

http://www.legislation.gov.uk/uksi/2019/1152/made

The government argue that anybody who has lost out this way can apply to the local authority for a Discretionary Housing Payment. See paragraphs 38 and 39 here https://www.gov.uk/government/publications/la-welfare-direct-bulletins-2019/la-welfare-direct-bulletin-72019-lite#new-dwp-uc-regulations-announced


This was a deliberate decision by the government. The draft legislation available in January did include HB with SDP as a qualifying benefit.

RainManUK

Thanks especially for the links, exactly what I was looking for!

Obviously I wont take this as legal advise, just looking for some opinions, but the original court case that seemed to make all this happen, was based on it being discriminatory - however from my limited understanding the court defined it being discriminatory because the amount of money the person received had changed. Which is I guess the loophole they are using, as in my circumstance my income hasn't changed, however is there any basis for it being discriminatory that anyone in the same circumstance before or after would receive a higher income. The person on the SDP team confirmed that if I made a claim today under the same circumstances, I wouldn't be able to claim UC, but would have to claim legacy benefits.

Still seems to be discriminatory if that rule only applies to people within that 6 month period of UC going live and the January 2019 block on those with SD (including through HB) claiming UC.

on the second link posted ( I cant post links)

34. As from January 2021, in compliance with a High Court judgment, DWP will abolish the UC Gateway restrictions for claimants in receipt of SDP in order to remove the differential treatment this has created. This means that claimants will no longer be able to make a new claim for legacy benefits (including HB) and will be signposted to make a claim to UC.

Surely anyone in my circumstance is still receiving differential treatment?

Just wondering if it's worth having a moan at my MP or if there is any other legal recourse

calcotti

RainManUK wrote: »

Still seems to be discriminatory if that rule only applies to people within that 6 month period of UC going live and the January 2019 block on those with SD (including through HB) claiming UC.

The government are being taken to court again about the amount of the SDP transitional protection however this doesn't appear to include a challenge on the HB issue.
https://www.leighday.co.uk/News/2019/August-2019/Government-faces-third-legal-challenge-to-Universa