Housing Benefit and Universal Credit

born_again

HopeLove said:

Spoonie_Turtle said:

The change of circumstances that would have ended his HB claim in normal circumstances would have been if he moved to a different local authority (council area).  If he is still within the same local authority then the factor which ultimately ended his claim was the council(? Not sure what you mean by Housing authority?) taking so long to rehouse him.

The local authority here is the same throughout the whole country. So he has not moved or changed local authority.

Just which country are you talking about?

Alice_Holt

poppy12345 said:

Alice_Holt said:

 OP - it may be worth checking with Help to claim how UC transitional protection works in his circumstances. It's designed to ensure that there is no immediate drop in income as a consequence of losing the SDP.  However, I'm wondering if it would instantly be eroded by the inclusion of housing costs in the new UC claim.  

https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/help-to-claim/

https://www.turn2us.org.uk/Benefit-guides/Universal-Credit-transitional-protection/What-is-Universal-Credit-transitional-protection

If they are in the Support Group for ESA then they would be entitled to the LCWRA element from the start of the claim, as you know. SDP transitional protection (TP) of £120/month would then be included, which would erode over time. If housing costs were included in their claim from the start then this wouldn't erode the TP. What would erode it is the April increase so for this reason if possible it would be better to claim UC after the increase. (which i think was advised previously in the thread.)

       The OP's son would need to keep a close eye on the UC claim to ensure the TP was not withdrawn incorrectly, either because:
i) the eventual inclusion of the LCWRA element ( as we know this seems to require manual intervention and communication between ESA & UC - which can take a few AP's).
ii) the housing element.

So, my advice to the OP is to go through HtC and recheck with them if the TP amount is varied / withdrawn.  

I suspect the TP element can make it difficult to check via the benefit entitlement checkers the precise amount of UC due, and if the DWP have correctly calculated a UC award with TP.

It would be interesting to know how the DWP calculate a reducing TP element - is it automatic or does this require some manual intervention.

HopeLove

Many thanks to all those that have responded, it really is appreciated so much.

On the point of UC. I was under the impression that there was no transitional protection for natural migration? 
I did however see the judgement from TP AR vs DWP, but I have still to see how the DWP will address this. 
Interesting to note that this case was won also on the grounds of discrimination.

If it works out less of a financial deficit, would he be able to keep his existing benefits and pay the rent from this, or would he be forced to claim UC anyway?

HillStreetBlues

With natural migration there is a £120 per month TP for the loss of SDP but it still means less money on UC.
With managed migration the amount of money remains the same (the TP isn't a set amount).
Both TP will decrease over time.

calcotti

HillStreetBlues said:

With natural migration there is a £120 per month TP for the loss of SDP but it still means less money on UC.
With managed migration the amount of money remains the same (the TP isn't a set amount).
Both TP will decrease over time.

Although, as alluded to by HopeLOve, we wait to see how DWP will rectify the ruling that the shortfall between the value SDPTEE and that lost from legacy benefit claimants was not lawful.

Alice_Holt

HopeLove said:

On the point of UC. I was under the impression that there was no transitional protection for natural migration? 

SEE BELOW


If it works out less of a financial deficit, would he be able to keep his existing benefits and pay the rent from this, or would he be forced to claim UC anyway?

YES - It's his choice to claim UC or not.

     See 
https://www.turn2us.org.uk/Benefit-guides/Universal-Credit-transitional-protection/What-is-Universal-Credit-transitional-protection

"Most people who are getting Universal Credit at the moment are people who have had a change which meant they had to make a new benefit claim. These people are called 'natural migrants'. Transitional Protection is not available to them unless they were getting Severe Disability Premium at the time they claimed Universal Credit."

HillStreetBlues

calcotti said:

Although, as alluded to by HopeLOve, we wait to see how DWP will rectify the ruling that the shortfall between the value SDPTEE and that lost from legacy benefit claimants was not lawful.

Is the case about the shortfall as still less with the current £120 TP or is it also the how the TP works?

calcotti

HillStreetBlues said:

calcotti said:

Although, as alluded to by HopeLOve, we wait to see how DWP will rectify the ruling that the shortfall between the value SDPTEE and that lost from legacy benefit claimants was not lawful.

Is the case about the shortfall as still less with the current £120 TP or is it also the how the TP works?

sorry but I don’t follow the question.

HillStreetBlues

calcotti said:

HillStreetBlues said:

calcotti said:

Although, as alluded to by HopeLOve, we wait to see how DWP will rectify the ruling that the shortfall between the value SDPTEE and that lost from legacy benefit claimants was not lawful.

Is the case about the shortfall as still less with the current £120 TP or is it also the how the TP works?

sorry but I don’t follow the question.

Sorry, didn't explain correctly.

Is TP AR vs DWP   just about the difference in amount of money between ESA (with SDP)  and UC?
DWP did introduce the £120 TP,  but if my reading of the case is correct the TP should be the full amount difference not just the £120 as should include all premiums not just SDP.

But what I couldn't work out is  about the TP itself. As at the moment any TP will erode over time, was this considered in the ruling?
EG Should the difference between ESA (with SDP)  and UC. not actually errode?

 

calcotti

I haven’t seen any challenge to erosion of TP. In the past TP such as between IB and ESA has always eroded.