Received managed migration form from universal credit , need help .

Icequeen1

Yamor said:

Yes, DWP have said they will not migrate anyone who has a 19-year-old on their Child Tax Credit award. You could try and get the migration notice cancelled, but it'll probably be very difficult.

If you do claim UC, then DWP will calculate the transitional element on the basis that your 19-year-old will be on the UC award (as Icequeen1 says), however, there is a very strong argument that this would be legally incorrect, and you should appeal it if relevant.

If you do manage to get the transitional element calculated correctly, then you may actually be better off in the long run, as the transitional element will continue even after your child turns 20.

Just to add: it would be worth getting proper advice on all this.

Interesting - what's the legal argument on the child position for TP? It might be helpful for others. I thought this was one of the clearer parts of the legislation but obviously not! 

kerryallc71

Any advice what I can do ? , how do I go about trying to cancel the migration to universal credit ? , I've just seen a post on rights net , a lady with her 19 year old twins , she cancelled her migration .

Yamor

Icequeen1 said:

Yamor said:

Yes, DWP have said they will not migrate anyone who has a 19-year-old on their Child Tax Credit award. You could try and get the migration notice cancelled, but it'll probably be very difficult.

If you do claim UC, then DWP will calculate the transitional element on the basis that your 19-year-old will be on the UC award (as Icequeen1 says), however, there is a very strong argument that this would be legally incorrect, and you should appeal it if relevant.

If you do manage to get the transitional element calculated correctly, then you may actually be better off in the long run, as the transitional element will continue even after your child turns 20.

Just to add: it would be worth getting proper advice on all this.

Interesting - what's the legal argument on the child position for TP? It might be helpful for others. I thought this was one of the clearer parts of the legislation but obviously not! 

Reg. 54(2)(a) of the UC(TP) Regs provides for the assumption that the claimant is responsible for any child or "qualifying young person" for whom they get CTC.

Reg. 2 defines "qualifying young person" by reference to the UC Regs.

Reg. 5 of the UC Regs provides that a person can only be a qualifying young person until the 1st of September following their 19th birthday.

As such, a 19-year-old, following 1st Sep, is not included in Reg. 54(2)(a) of the UC(TP) Regs.

Furthermore, even if the 19-year-old was included in Reg. 54(2)(a), all that says is that the claimant is responsible for them. That doesn't mean s. 10(1) of the Act then applies to the 19-year-old.

Yamor

kerryallc71 said:

Any advice what I can do ? , how do I go about trying to cancel the migration to universal credit ? , I've just seen a post on rights net , a lady with her 19 year old twins , she cancelled her migration .

You can start by just calling up and asking!

However, that is very unlikely to work. I would advise getting professional advice on this, as it will likely involve sending a judicial review pre-action letter, along the lines of this: 
https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters/managed-migration

HEALTH WARNING: DO NOT DO THIS YOURSELF!

Icequeen1

Yamor said:

Icequeen1 said:

Yamor said:

Yes, DWP have said they will not migrate anyone who has a 19-year-old on their Child Tax Credit award. You could try and get the migration notice cancelled, but it'll probably be very difficult.

If you do claim UC, then DWP will calculate the transitional element on the basis that your 19-year-old will be on the UC award (as Icequeen1 says), however, there is a very strong argument that this would be legally incorrect, and you should appeal it if relevant.

If you do manage to get the transitional element calculated correctly, then you may actually be better off in the long run, as the transitional element will continue even after your child turns 20.

Just to add: it would be worth getting proper advice on all this.

Interesting - what's the legal argument on the child position for TP? It might be helpful for others. I thought this was one of the clearer parts of the legislation but obviously not! 

Reg. 54(2)(a) of the UC(TP) Regs provides for the assumption that the claimant is responsible for any child or "qualifying young person" for whom they get CTC.

Reg. 2 defines "qualifying young person" by reference to the UC Regs.

Reg. 5 of the UC Regs provides that a person can only be a qualifying young person until the 1st of September following their 19th birthday.

As such, a 19-year-old, following 1st Sep, is not included in Reg. 54(2)(a) of the UC(TP) Regs.

Furthermore, even if the 19-year-old was included in Reg. 54(2)(a), all that says is that the claimant is responsible for them. That doesn't mean s. 10(1) of the Act then applies to the 19-year-old.

Excellent, thanks. Yes i see it now. 

LinzCope

kerryallc71 said:

Hi , a few weeks ago we received an managed migration form , we have been on child tax credits for many years now and in April next year when my oldest daughter reaches 20 so it stops fully . we have 2 children in full time education ( college ) and my daughter that turns 20 in April she is currently on pip , high rate care & mobility . we have to put in a claim before the 29th of January 2024 for universal credit . 

my husband works full time and he pays in to a pension . his pension payments he makes comes out of his net wages (after tax & NI) . 

my questions are , what happens to child tax payments as soon as we put in a claim ? , will our payments stop while the claim is going ahead ? and how long does it usually take from putting in a claim to it all being completed . 

also I tried the calculators from turn2us and entitledto and both are totally different and the turn2us one won't calculate properly because we have the managed migration letter . so not sure at all what we may be getting when we do finally migrate over to universal credit . 

Thankyou for any help in advance , very much appreciated .

Hi there 
I'm Intrigued as to what outcome you had? 
I sadly didn't know that you could even ask to defer and thought we had to move over.It did after all say that we would have transitional prtection! Hmmm not so much!
 I'm in a similar situation to you.
For anyone else thats in this situation I can clarify that in fact you lose everything with regards to your 19 year old in non advanced education who is disabled. They completely disappear from your claim! 
So In my case
No second child (I have 2 and one is 19 in non advanced education and disabled)
No disabled element 
This means we are approximately £500 worse off per month because of this.  
I've been chasing this misalignment for moths with much tumbleweed in my universal credits account. And today 2 and half months in they say he can claim in his own right. 
Hmm so now I need to get him a new passport before I can even create an account for him as I have no other acceptable forms of Id. 
Oh and appraently he will have to leave college for a time in order to jump through the hoops of assessment in order to get him assessed as not capable of working. (why oh why i can't comprehend!)
To put it in context he's 19, and we have to dress him, sort his toileting cut his food and monitor him 24/7 as he sees no persnal danger, has epilepsy, cerebral palsy, right sided hemiplegia and severe developmental delay.  It would take a second looking at him to know he needs full time care and not in a million years can he work. Oh what a mess.
Why do they make things so hard. 
So anyone wondering if they should try to defer, do it. It's a nightmare on the other side. Be prepared and read about the process of how to get them set up with their own universal credits before you're stuck in limbo with a much reduced income for months. I can't even apply until I get him a new passport.  
Oh I really do hope you managed to defer 

olgadapolga

LinzCope said:

kerryallc71 said:

Hi , a few weeks ago we received an managed migration form , we have been on child tax credits for many years now and in April next year when my oldest daughter reaches 20 so it stops fully . we have 2 children in full time education ( college ) and my daughter that turns 20 in April she is currently on pip , high rate care & mobility . we have to put in a claim before the 29th of January 2024 for universal credit . 

my husband works full time and he pays in to a pension . his pension payments he makes comes out of his net wages (after tax & NI) . 

my questions are , what happens to child tax payments as soon as we put in a claim ? , will our payments stop while the claim is going ahead ? and how long does it usually take from putting in a claim to it all being completed . 

also I tried the calculators from turn2us and entitledto and both are totally different and the turn2us one won't calculate properly because we have the managed migration letter . so not sure at all what we may be getting when we do finally migrate over to universal credit . 

Thankyou for any help in advance , very much appreciated .

Hi there 
I'm Intrigued as to what outcome you had? 
I sadly didn't know that you could even ask to defer and thought we had to move over.It did after all say that we would have transitional prtection! Hmmm not so much!
 I'm in a similar situation to you.
For anyone else thats in this situation I can clarify that in fact you lose everything with regards to your 19 year old in non advanced education who is disabled. They completely disappear from your claim! 
So In my case
No second child (I have 2 and one is 19 in non advanced education and disabled)
No disabled element 
This means we are approximately £500 worse off per month because of this.  
I've been chasing this misalignment for moths with much tumbleweed in my universal credits account. And today 2 and half months in they say he can claim in his own right. 
Hmm so now I need to get him a new passport before I can even create an account for him as I have no other acceptable forms of Id. 
Oh and appraently he will have to leave college for a time in order to jump through the hoops of assessment in order to get him assessed as not capable of working. (why oh why i can't comprehend!)
To put it in context he's 19, and we have to dress him, sort his toileting cut his food and monitor him 24/7 as he sees no persnal danger, has epilepsy, cerebral palsy, right sided hemiplegia and severe developmental delay.  It would take a second looking at him to know he needs full time care and not in a million years can he work. Oh what a mess.
Why do they make things so hard. 
So anyone wondering if they should try to defer, do it. It's a nightmare on the other side. Be prepared and read about the process of how to get them set up with their own universal credits before you're stuck in limbo with a much reduced income for months. I can't even apply until I get him a new passport.  
Oh I really do hope you managed to defer 

You should bring all of this up with your MP.

Yamor

LinzCope said:

kerryallc71 said:

Hi , a few weeks ago we received an managed migration form , we have been on child tax credits for many years now and in April next year when my oldest daughter reaches 20 so it stops fully . we have 2 children in full time education ( college ) and my daughter that turns 20 in April she is currently on pip , high rate care & mobility . we have to put in a claim before the 29th of January 2024 for universal credit . 

my husband works full time and he pays in to a pension . his pension payments he makes comes out of his net wages (after tax & NI) . 

my questions are , what happens to child tax payments as soon as we put in a claim ? , will our payments stop while the claim is going ahead ? and how long does it usually take from putting in a claim to it all being completed . 

also I tried the calculators from turn2us and entitledto and both are totally different and the turn2us one won't calculate properly because we have the managed migration letter . so not sure at all what we may be getting when we do finally migrate over to universal credit . 

Thankyou for any help in advance , very much appreciated .

Hi there 
I'm Intrigued as to what outcome you had? 
I sadly didn't know that you could even ask to defer and thought we had to move over.It did after all say that we would have transitional prtection! Hmmm not so much!
 I'm in a similar situation to you.
For anyone else thats in this situation I can clarify that in fact you lose everything with regards to your 19 year old in non advanced education who is disabled. They completely disappear from your claim! 
So In my case
No second child (I have 2 and one is 19 in non advanced education and disabled)
No disabled element 
This means we are approximately £500 worse off per month because of this.  
I've been chasing this misalignment for moths with much tumbleweed in my universal credits account. And today 2 and half months in they say he can claim in his own right. 
Hmm so now I need to get him a new passport before I can even create an account for him as I have no other acceptable forms of Id. 
Oh and appraently he will have to leave college for a time in order to jump through the hoops of assessment in order to get him assessed as not capable of working. (why oh why i can't comprehend!)
To put it in context he's 19, and we have to dress him, sort his toileting cut his food and monitor him 24/7 as he sees no persnal danger, has epilepsy, cerebral palsy, right sided hemiplegia and severe developmental delay.  It would take a second looking at him to know he needs full time care and not in a million years can he work. Oh what a mess.
Why do they make things so hard. 
So anyone wondering if they should try to defer, do it. It's a nightmare on the other side. Be prepared and read about the process of how to get them set up with their own universal credits before you're stuck in limbo with a much reduced income for months. I can't even apply until I get him a new passport.  
Oh I really do hope you managed to defer 

This is a highly specialist area, so you may want to approach an advice agency, but there is a potential argument to be made that you should get Transitional Protection if the child had turned 19 on or before the 31st Aug 2023, and turns 20 after making the UC claim. (This is all assuming you claimed UC on or after 1st Sep 2023.)

This would require making a Mandatory Reconsideration request and potentially taking it to appeal.

kerryallc71

LinzCope said:

kerryallc71 said:

Hi , a few weeks ago we received an managed migration form , we have been on child tax credits for many years now and in April next year when my oldest daughter reaches 20 so it stops fully . we have 2 children in full time education ( college ) and my daughter that turns 20 in April she is currently on pip , high rate care & mobility . we have to put in a claim before the 29th of January 2024 for universal credit . 

my husband works full time and he pays in to a pension . his pension payments he makes comes out of his net wages (after tax & NI) . 

my questions are , what happens to child tax payments as soon as we put in a claim ? , will our payments stop while the claim is going ahead ? and how long does it usually take from putting in a claim to it all being completed . 

also I tried the calculators from turn2us and entitledto and both are totally different and the turn2us one won't calculate properly because we have the managed migration letter . so not sure at all what we may be getting when we do finally migrate over to universal credit . 

Thankyou for any help in advance , very much appreciated .

Hi there 
I'm Intrigued as to what outcome you had? 
I sadly didn't know that you could even ask to defer and thought we had to move over.It did after all say that we would have transitional prtection! Hmmm not so much!
 I'm in a similar situation to you.
For anyone else thats in this situation I can clarify that in fact you lose everything with regards to your 19 year old in non advanced education who is disabled. They completely disappear from your claim! 
So In my case
No second child (I have 2 and one is 19 in non advanced education and disabled)
No disabled element 
This means we are approximately £500 worse off per month because of this.  
I've been chasing this misalignment for moths with much tumbleweed in my universal credits account. And today 2 and half months in they say he can claim in his own right. 
Hmm so now I need to get him a new passport before I can even create an account for him as I have no other acceptable forms of Id. 
Oh and appraently he will have to leave college for a time in order to jump through the hoops of assessment in order to get him assessed as not capable of working. (why oh why i can't comprehend!)
To put it in context he's 19, and we have to dress him, sort his toileting cut his food and monitor him 24/7 as he sees no persnal danger, has epilepsy, cerebral palsy, right sided hemiplegia and severe developmental delay.  It would take a second looking at him to know he needs full time care and not in a million years can he work. Oh what a mess.
Why do they make things so hard. 
So anyone wondering if they should try to defer, do it. It's a nightmare on the other side. Be prepared and read about the process of how to get them set up with their own universal credits before you're stuck in limbo with a much reduced income for months. I can't even apply until I get him a new passport.  
Oh I really do hope you managed to defer 

Hi , I went through my local MP and he helped us to get our case deferred xx 

you need to contact your MP and get this all sorted , our MP was very friendly and very helpful, your MP should help you as well . You need to tell your MP the full story and everything you’ve been through and the problems caused . A lovely lady here on money saving expert forum helped me and told me what I need to do to get help . 

You must get help and yes please contact your local MP asap and they should help get this all sorted for you xx 

good luck with everything xx 

Little_miss_dfw

You can UC in your child’s own right.

my DC was 20 in dec and our tax credits stopped. I applied for esa for him and he has just been awarded as lwrca. He is still in college and UC are aware of this

edited to add. 

My DS has no id at all just a BC. I just had to take him to JC with his BC and bank statement.