AET Threshold

calcotti

HillStreetBlues said:

pw22 said:

HillStreetBlues said:

calcotti said:

The DWP decision is wrong because they shouldn't be applying the TP rules because the LCW element is not a TP. The AET is not relevant.

I never read it as that.
What I read though maybe a clumsy first post is the OP partner was transferred to UC from ESA and should be in LCW.
There was a battle to get a TP and that case was won.
I never though OP was saying LCW was the reason for the TP

When he  won the tribunal in 2018 he was awarded 2 additional payments - 1 for LCW element and 1 for transitional protection.

That is how I read it.
Your partner  should be in LCW   and should get the payment for that
and the TP  is the difference between the ESA   and UC and should get the payment for that.

That would only apply if this was Managed Migration.

OP, could you please explain when you switched and was this Migrated Migration or for some other reason. Because there are still few Migrated Migration claimants that isn't what I automatically think of. In your opening post you said "was awarded transitional protection in 2018 due to LCW".

Could you set exactly how your UC statement describes it. Were you under Managed Migration.

HillStreetBlues

pw22 said:

That is my understanding and my question was I don't think they should have stopped his TP payment from November 2022 due to not meeting AET because he was receiving LCW...which is the basis of his appeal...

As you stated it's your partner, is it a joint claim?

calcotti

pw22 said:

That is my understanding and my question was I don't think they should have stopped his TP payment from November 2022 due to not meeting AET because he was receiving LCW...which is the basis of his appeal...

In general, if there is a TP element the AET rules apply and, as I am Know, having LCW (or even LCWRA) makes no difference. Any TP will be stopped after 3 months of earnings below the AET if the earnings in the first month on UC were over AET. 

What triggers the AET rules being applicable in the earnings in that initial month. It is also the AET in the month is uses as the threshold. If is no reference to the work capability of the claimant.
https://www.legislation.gov.uk/uksi/2014/1230/regulation/56 (for Managed Migration transitional elements and for SDP transitional element cross referred to by Schedule 2).

pw22

HillStreetBlues said:

pw22 said:

That is my understanding and my question was I don't think they should have stopped his TP payment from November 2022 due to not meeting AET because he was receiving LCW...which is the basis of his appeal...

As you stated it's your partner, is it a joint claim?

No - we are not living together.