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Housing Benefit and Universal Credit

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Comments

  • I haven't read anything about a ruling on TP erosion. However, it does seem grossly unfair, and I am not sure why a legal challenge has not been made regarding this.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 27 February 2023 at 5:06PM
    HopeLove said:
    I haven't read anything about a ruling on TP erosion. However, it does seem grossly unfair, and I am not sure why a legal challenge has not been made regarding this.
    As I mentioned before, transitional protection has always eroded previously. 

    It is clearly lawful for the government to change the benefit amounts paid to claimants over time.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • calcotti said:
    HopeLove said:
    I haven't read anything about a ruling on TP erosion. However, it does seem grossly unfair, and I am not sure why a legal challenge has not been made regarding this.
    As I mentioned before, transitional protection has always eroded previously. 

    It is clearly lawful for the government to change the benefit amounts paid to claimants over time.
    I'm not sure it is so clear. And without a court challenge, it's hard to know how a judge might interpret it. 
    If a claim was made and entitled to an amount before Universal credit, then why after UC replaces it should it erode when the government line was no-one would be worse off under UC?
    Then there is still discrimination between those that change to UC and have payments eroded compared to those that are still to migrate whose payments do not erode.

    The whole system of UC credit is a mess, people, politicians, charities, organisations etc know it is a mess, and knew before hand that it would be. It should never have been put in place in my opinion.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    HopeLove said:…when the government line was no-one would be worse off under UC? 
    That has never been said. It was always clear that there would be ‘winners’ and ‘losers’. Under Managed Migration there is a promise that no one will be worse off on the day of transfer That promise does not mean that people will not be worse off over time compared to what they would have been entitled to had they stayed on legacy benefits.HopeLove said:
    HopeLove said:…Then there is still discrimination between those that change to UC and have payments eroded compared to those that are still to migrate whose payments do not erode.
    I agree with you on that. The difference is starker this year because of the increases and I note that whilst the SDP has increased for legacy claimants but the SDPTE is unchanged which meAns the shortfall has become greater.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • HillStreetBlues
    HillStreetBlues Posts: 6,240 Forumite
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    edited 27 February 2023 at 6:28PM
    Is the case also about  natural v managed migration?  rather than just the actual TP amount?

    Everyone that gets less with UC  will be a lot worse of under natural than managed, as some will have lost all their TP by the time managed comes around for people with SDP

    Is a CoC really just moving to a different area?
    Let's Be Careful Out There
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