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Transitional Protection/Natural Migration confusion...

I am on ESA and PIP, live with family at present, but on the local Housing Support Register awaiting 'low supported housing'.

I am concerned that my changes in circumstances are going to trigger 'natural migration' to Universal Credit if I having to make a UC based claim for housing support. As a result of this, I would lose the 'transitional protection' from any decrease in payments (and whilst this seems likely, I can't tell what this would be either...).

As I understand it, the supported housing I am going into means that I will still be applying for Housing Benefit (but cannot clarify exactly what is meant by 'supported housing' here...).

I will be in a self-contained unit in this supported housing, and as such at that point will be eligible for Severe Disability Premium.

As I will only be in this housing for a certain period, I think that being on SDP (presently) means that I will make a further housing benefit application when I move to the next, more permanent, property.

I have severe and complex mental health problems and am really concerned about the prospect of moving to UC. Can anyone help me unpick this situation, or provide links to some authoritative sources?

Really stuck, confused and somewhat freaking out...

Comments

  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 September 2019 at 10:02PM
    I may have misread this but you appear to say that you are living with family but that you also get an SDP in your ESA. Are your family members also in qualifying benefits? Or do you mean that you will only get SDP when you move out.

    If you do get the SDP in your ESA then you cannot claim UC and can claim HB regardless of the type of housing. Because you will not be claiming UC your ESA will continue.

    If you do not get the SDP but the type of housing means that you can claim HB then you do not need to claim UC and therefore your ESA will continue.

    If you are not getting the SDP and the type of housing means that you would have to claim UC there is another option if you can afford it. Move into your new home. Notify ESA that you want to be assessed for the SDP. Once this is awarded you will be excluded from UC and claim HB. However this obviously men’s that you need to be able to fund the first few weeks in your new home without benefits to help with the rent.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • NedS
    NedS Posts: 5,301 Ambassador
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    Calcotti has covered the SDP so I'll pick up on the supported housing...
    As I understand it, the supported housing I am going into means that I will still be applying for Housing Benefit (but cannot clarify exactly what is meant by 'supported housing' here...).

    Your Local Authority should be able to advise you if the housing you are going into qualifies as supported housing for benefit purposes. Your jobcentre may also have a list of supported housing in their area and may also be able to advise. Normally, supported housing sticks out a mile as the "rents" payable are way higher than typical rents for a 1 bed property as you are also paying for the "support".

    And yes, you are correct, if the housing qualifies as supported housing, then the Local Authority will be paying it, and you would not be claiming housing costs under Universal Credit should you be making a claim for Universal Credit.
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  • calcotti wrote: »
    I may have misread this but you appear to say that you are living with family but that you also get an SDP in your ESA. Are your family members also in qualifying benefits? Or do you mean that you will only get SDP when you move out.

    Apologies, wasn't clear: I live with family and do NOT get SDP as a result of this (however otherwise would be eligible if I met the other criteria).

    That pricey, but clever approach to the SDP before HB is a really interesting thought and that actually is probably what I will do. Phew. Thanks. This rests on the SDP situation not changing though (and that seems in 'review'...).
  • It is a 'supported housing' register that I am on, and it appears what I am going into via them is a Housing Association arrangement with a level of support from them.

    This is, however, a measure that happens whilst you then go on the main local housing register and await/bid for standard housing associations property.

    Presumably, if I am on the SDP in the supported housing, when I move on this would carry with me and mean that I make another HB claim?

    This rests on the SDP situation staying the same, and the waiting lists on this are long (and SDP seems in this indeterminate 'review').

    I don't think these will be classed as 'supported housing' if it is just a straight HA property? This is why I am trying to find out what the criteria actually is for that. If I have some kind of 'transitional' support into the HA property does that count etc...?
  • calcotti
    calcotti Posts: 15,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If the type of housing allows you to claim HB you can do that. You will be able to claim SDP in your ESA and it will be included in your HB applicable amount. This will enable you to remain on HB and ESA when you move on (unless at that time you move to a different local authority and no longer live alone).

    The SDP rules are currently not scheduled to change until 2021.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • calcotti wrote: »
    The SDP rules are currently not scheduled to change until 2021.

    Convinced now I can get the SDP in the first move into the supported housing. Thank you for the policy change date.

    However, moving on from the supported housing into the housing association may take time. I am not sure whether that will happen prior to Jan 2021...

    I can't work out what 'supported housing' actually can be interpreted as? If I move into 'supported housing' but have some level of floating support does that count...

    Apologies to keep asking, just trying to unpick it all and it makes my mental health worth not being able to understand (and isn't that always so easy with all things DWP...).
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