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UC & SDP

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MarkN88MarkN88 Forumite
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I was reading this letter (linked below).

https://www.gov.uk/government/publications/covid-19-letter-to-secretary-of-state-from-ssac/response-covid-19ssac-letter

There is a paragraph that I wanted to query. 

“It has always been the case that claimants on legacy benefits can make a claim for Universal Credit (UC) if they believe that they will be better off. There are special arrangements for those in receipt of the Severe Disability Premium, who will be able to make a new claim to Universal Credit from January 2021.”

The last bit that says that people who claim UC if they wanted who currently receive SDP on legacy benefits can from Jan 2021. Does this mean there SDP will be protected? Or have I read wrong? 

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  • poppy12345poppy12345 Forumite
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    MarkN88 said:

    The last bit that says that people who claim UC if they wanted who currently receive SDP on legacy benefits can from Jan 2021. Does this mean there SDP will be protected? Or have I read wrong? 

    It means that they are excluded from claiming UC up until January 2021. After this, if they have a change of circumstances, for example if they move to a different local council then they will need to claim UC if they need help with the rent. Their ESA award will then be honoured in UC and they will receive the LCWRA, like everyone else but they will lose the SDP.
  • MarkN88MarkN88 Forumite
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    MarkN88 said:

    The last bit that says that people who claim UC if they wanted who currently receive SDP on legacy benefits can from Jan 2021. Does this mean there SDP will be protected? Or have I read wrong? 

    It means that they are excluded from claiming UC up until January 2021. After this, if they have a change of circumstances, for example if they move to a different local council then they will need to claim UC if they need help with the rent. Their ESA award will then be honoured in UC and they will receive the LCWRA, like everyone else but they will lose the SDP.
    Thanks Poppy, I think I needed the clarification as I read it wrong. Appreciate it. 
  • calcotticalcotti Forumite
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    poppy12345 said:It means that they are excluded from claiming UC up until January 2021. After this, if they have a change of circumstances, for example if they move to a different local council then they will need to claim UC if they need help with the rent. Their ESA award will then be honoured in UC and they will receive the LCWRA, like everyone else but they will lose the SDP. 
    I don't think that is the whole story.
    It's difficult to follow but my understanding is that after 21/01/2021 anybody who has a change of circumstances requiring a UC claim will, if they still meet the conditions for SDP, receive an additional transitional protection payment on top of the normal UC amount. 
    https://www.legislation.gov.uk/uksi/2019/1152/regulation/3/made Regulation 3 (8) is the relevant regulation. The transitional protection payments are flat rate payments and don't necessarily give claimants the same money as before but it does reduce the potential loss.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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