No Transitional protection

Furzeguy

Hello. Sorry to bother you again. I asked for help recently as we are a mixed age disabled couple and I get my state pension on 21 Nov. 

I had to apply for UC as ESA stops in full on 20 Nov and we applied early, 15 October as advised here so we could get LCWRA without delay and importantly the Transitional protection as I have been getting Severe Disability Premium in ESA at single rate. ESA has carried on paying a reduced contribution based amount which is going to be deducted from first UC payment on 20 Nov. This is for assessment period 15 Oct to 14 Nov.

My wife also gets Carers allowance for looking after me and she gets lifetime award of PIP at enhanced care and mobility. I also get lifetime PIP enhanced care.

Sorry to go on so long but my question is..

Just got first notification of how UC worked out and no mention made of Transitional protection re. Severe disability premium. The point of claiming early was to get it as you and cab advised .. is it just an error at DWP?

Statement says ..

Standard allowance 509.92
Housing 434.98. ... To landlord direct
Carer 163.73
LCWRA 343.63
TOTAL. 1452.25

Deducted ...  CA 292.94
ESA 494.43
Rent 434.98
Total Deducted 1222.34

Payment to us £229.91

Is this right? Surely there should be transitional protection. Sorry to be a nuisance but I don't understand all this.

By the way, although claimed and due to be paid from 21 Nov my state pension has not been confirmed despite me phoning the weeks ago and them day "can't see any issue" so I hope this not going to go wrong too.

Any help really appreciated.

calcotti

Post a message in your journal under the payments category. 

My income based ESA award included the Severe Disability Premium. I believe that I am therefore entitled to have SDP transitional element included in the calculation of my UC entitlement but Note this is not included on my Statement. Please review.

Furzeguy

I have posted message as you said. Thank you. I was a bit confused as one person at my housing scheme said you don't get the TP until you are not getting, or we're getting any contribution based ESA ... I didn't think that was right - so glad you confirmed it. I will give them 7 days to respond if you think that's a reasonable time.

calcotti

Furzeguy said:..at my housing scheme said you don't get the TP until you are not getting, or we're getting any contribution based ESA ... I didn't think that was right - so glad you confirmed it. 

No, they are incorrect.
The transitional amount increases your maximum UC entitlement.
The contribution ESA is simply deducted from the maximum UC to calculate the amount payable (just as your State Pension will be).

tomtom256

I thought if somebody claimed carers allowance for the person iro SDP, that it ceased?

calcotti

tomtom256 said:

I thought if somebody claimed carers allowance for the person iro SDP, that it ceased?

Both the OP and wife get PIP. If no one claimed CA for looking after them then they would get double SDP in ESA. Because wife gets CA for looking after OP they get single SDP. At transfer to UC this entitles them to SDPTE at the rate of £120/month.

Furzeguy

No reply to my journal message yet. I suppose it's too soon lol

poppy12345

It may take a while because when you have LCWRA they don't tend to answer queries very fast. If you put the question under the payment section you may have a reply a little quicker.

Alice_Holt

I wonder if it  would be worth also submitting a written mandatory reconsideration of the decision to pay you an incorrect UC amount and omit the SDP transitional element from the calculation.

That would then be seen by a decision maker, who may have more knowledge about the application of transitional payments than your case manager.

https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp

Furzeguy

Alice_Holt said:

I wonder if it  would be worth also submitting a written mandatory reconsideration of the decision to pay you an incorrect UC amount and omit the SDP transitional element from the calculation.

That would then be seen by a decision maker, who may have more knowledge  and if don't a positive response I willabout the application of transitional payments than your case manager.

https://www.gov.uk/government/publications/challenge-a-decision-made-by-the-department-for-work-and-pensions-dwp

I think it may be fair to give them a couple of days to respond. I plan on phoning them on Friday morning and if I don't get a proper answer will do the Mandatory Reconsideration then. I know for a fact I am entitled to the Transitional pmt so I will not give up, ...the longer it takes, the more back pay lol.

I just hope my state pension actually materialises after last promise yesterday on phone that they had the wrong address (ridiculous) ... I'm sure they are all badly overstretched due to Covid ..
 because they never used to be so incompetent ..... Oh hang on☺️

Furzeguy

Just updating. I phoned them Thurs. Very helpful and friendly lady said she would follow it up and get back to me. She also put journal entry saying she will phone me in 3-5 working days with update. So looks promising ... Fingers crossed.

No pension update .. Today I am 66 and a pensioner  ... Oh well