Is my transitional protection included on my universal credit claim?

textbook

My Total take-home - £1319  partly self employed money partly paye.  I got £0 payment. 

I originally cancelled my first uc claim - the one following moving off tax credits.  I appealed that I was given bad advice to do so from work coach.  I won but wasn't confirmed by new work coach if if I still kept Transitional  protection but said should keep. 


 How do I check this and with the money I earned would I get it anyhow?

peteuk

I would say check you UC statement.

However Transition protection is only for those migrated from TC, so if you cancelled your first UC then it is unlikely it will be included in your second, unless they reopened your first application.   Only DWP will be able to advise you.

UC is paid in sections depending on your circumstance, so read your statement and raise it, if you think these something missing.  But ultimately you cancelled your first UC claim so the DWP have done nothing wrong.

Newcad

As advised check your UC statement following the appeal decision*, if your payment includes a TE then the statement will say so**.

*You don't say what the appeal decision was, or when it was.

If it reinstates your oringinal claim date then a TE should be payable, if your previous benefits income meant that you were due for one.

**If it's a recent decision, and if a TE is payable, they may not yet have had time to calculate it and add it to your UC.

You also seem to have made a second UC claim after you cancelled the first one?

The rule is that you can only ever get a TE if you have had a Managed Migration notice and migrate to UC by the date stated, or any extension date granted.
So if the appeal decision reinstated your original claim date then that would count as being in time.

If you don't complete a UC claim in time then you are not eligible for a TE if you claim later.

If the MM notice is deferred or cancelled (by the DWP) for any reason, then you don't qualify for a TE unless/until you get a further (second) Managed Migration notice.

textbook

This is my statement.  Has TE been applied?   As I won the case because I was advised badly by a previous work coach the new work coach said transistional protection should apply .

If not applied how do I appeal?

peteuk

As noted above it might be that the decision to add you TE was at such a date that it may not have been applied as yet. 

Im no expert but the statements Ive seen on here clearly note Transition Protection and have an explanation and payment figure, which going on the pics above suggests it hasn’t been applied.  However having said that, TP works differently depending on your circumstance. 

Newcad

Whilst it does look like no TE has been calculated/applied yet......

I have to say that it would need to be a pretty substantial TE to overcome the 55p/£ deduction for earned income showing there.

Were you getting Working Tax Credits? (Or Child Tax Credits? - there's nothing about a child element on that UC statement).

textbook

Newcad said:

Whilst it does look like no TE has been calculated/applied yet......

I have to say that it would need to be a pretty substantial TE to overcome the 55p/£ deduction for earned income showing there.

Were you getting Working Tax Credits? (Or Child Tax Credits? - there's nothing about a child element on that UC statement).

I was getting £100/month working tax credits.  You think I'm earning too much now to get that?  


Worth giving them a call  ?

Yamor

Do you know what level of income your tax credits were based on? And how was it split between employed and self-employed earnings?

Check the latest award notice before your tax credits ended, not any award notice received afterwards.

Newcad

Please answer Yamor regarding the WTC's, (more knowledgable then me about that stuff), but yes it's possible that your current earnings level means that no payment of UC will be due (even with a Transitional Element included).

Remember that UC rules on earnings/deduction are different to TC's rules.

I was mainly interested in the question of possible CTC's though, recently UC appear to have developed a habit of missing children off new claims, particularly with managed migrations.
(It's something to do with 'verification' of the children, during Covid they had a lot of fraudulent claims with imaginary children on them).
When the claimant notices and complains it's usually sorted out quickly and the Child Element added within days, .

michaels

Won't the comparable tax credit payment for TP be based on their current income (as counted for tax credits purposes) rather than the previous year income?

textbook

Yamor said:

Do you know what level of income your tax credits were based on? And how was it split between employed and self-employed earnings?

Check the latest award notice before your tax credits ended, not any award notice received afterwards.

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