ESA/UC transitional protection and other points of confusion

leamingtonspaceman

I got a response in my journal today:

"When you was sent a migration letter on 10/03 you had a sole claim on ESA. As you have advised: I informed ESA of a change of circumstances from 16th March 2025. I moved in with my wife who was claiming New Style ESA. As this change was after the 10/03 this is classed as a change of circumstances & as you have made a joint claim on Universal Credit you are not eligible for the Transitional Protection element. regards"

I never received a migration letter on 10/3... it was after that date.

Regardless, our joint UC claim did not begin until 1st May. 

They seem to be implying that simply receiving a migration letter means you've already started claiming UC?

HillStreetBlues

I bow to others more knowable than me on this this issue  but that doesn't seem correct in my view.

huckster

No, they are saying the migration process including transitional protection started when the migration letter was issued. As your circumstances changed after the migration letter was issued, you are not entitled to the transitional protection element.

leamingtonspaceman

huckster said:

No, they are saying the migration process including transitional protection started when the migration letter was issued. As your circumstances changed after the migration letter was issued, you are not entitled to the transitional protection element.

I never received a letter on 10th March.

I only received a 'reminder' letter in April.

This doesn't seem correct to me as our actual UC claim didn't begin until 1st May and I shouldn't have been moved to New Style ESA until then?

huckster

Well if you have had a decision as part of mandatory reconsideration process, you now have 1 month from the date of decision to register an appeal with benefit Courts Tribunal.  

From what I understand, if circumstances change (depends on type of  change)  after migration letter is issued, then you don't get the transitional protection.   Seems quite harsh and I don't necessarily agree with this, but if that is how migration and any transitional protections is being administered, then if you don't agree with this, then go to Courts Tribunal and let a Judge consider this.

Government website info on this. Link below.

Transitional protection if you receive a Migration Notice letter - GOV.UK

Robbie64

The migration process starts from when the migration letter / notice is issued. You have three months from the date the letter was sent to claim UC and be able to get transitional protection, but any change of circumstances in those three months can affect any TP.

The TP is based upon your circumstances at the exact point the migration notice is sent. You wouldn't have received the letter on 10 March as that is the day the notice was generated. Had the letter turned up, it would have arrived at some point in the week following 10 March. Although you didn't receive the notice, it's still valid unless you had sought (when you became aware it had been sent) to have it withdrawn as being invalid.

See Changes to your circumstances under the heading titled Eligibility at https://www.gov.uk/guidance/transitional-protection-if-you-receive-a-migration-notice-letter

leamingtonspaceman

Thanks to everyone for all your responses.

So it all hinges on the 10th of March letter that I didn't receive.

I know I didn't receive it because I'm very fastidious with these things. I made the claim for UC literally the day I received the reminder on 28th April, hence the UC claim starting on 1st May.

So, my final question is, how do I initiate a tribunal hearing?

Do I simply request it in my journal?

I'm not sure if I've actually received an MR decision? I've brought this up in my journal and had the response I posted on here yesterday.

I actually wrote to my local MP yesterday and explained the whole thing including the time wasted on the phone when getting cut-off etc. They replied this morning and are going to write to DWP.

Because I was wrongly moved from legacy ESA to New Style ESA before our joint UC claim began, I was robbed of EDP payments from 21st March to 1st May. I've mentioned this in my journal along with asking for LCWRA and carers element.

Thanks in advance... I continue to be grateful for all your responses.

Newcad

Hi all,

Leamingtonspaceman has previously stated that the MM notice arived in April - AFTER the change of circumstances in mid March.

As such the DWP's reply is incorrect.

TBH I expect that it has been written by a Work Coach 'acting' as a Decision Maker, I would not be at all surprised if they are unaware that clause only applies once the MM notice has been issued.

@leamingtonspaceman

Forget about the TP for nowt, whoever wrote that reply is wrong but it doesn't matter, putting that right is for later.
(Because unless you get the IR ESA reinstated, and then your wife get PIP, the will be no TP amount anyway)
Refer to the 4-stage plan that I posted for you on Sunday.
It needs to be done one step at a time.

Your concern at the moment is to get the LCWRA and Carer Elements added to your UC claim.

leamingtonspaceman

Newcad said:

Hi all,

Leamingtonspaceman has previously stated that the MM notice arived in April - AFTER the change of circumstances in mid March.

As such the DWP's reply is incorrect.

TBH I expect that it has been written by a Work Coach 'acting' as a Decision Maker, I would not be at all surprised if they are unaware that clause only applies once the MM notice has been issued.

@leamingtonspaceman

Forget about the TP for nowt, whoever wrote that reply is wrong but it doesn't matter, putting that right is for later.
(Because unless you get the IR ESA reinstated, and then your wife get PIP, the will be no TP amount anyway)
Refer to the 4-stage plan that I posted for you on Sunday.
It needs to be done one step at a time.

Your concern at the moment is to get the LCWRA and Carer Elements added to your UC claim.

Yes, but as they sent me an initial managed migration letter on 10th March, which I never received, they are refusing TP because the change of circumstances was 16th March.

I have asked for the LCWRA and carers elements to be added. I did that after you mentioned it.

I have received no responses regarding either of those.

I have received two responses regarding the transitional element and that I was moved to New Style ESA too early.

I posted one of those responses yesterday.

The other response just came through:

"Your query has been raised with our technical team to clarify if you are classed as a migrating claim and are eligible for the transitional protection."

To which I have responded:

"It was a migration claim because I was on legacy income based ESA prior to UC. This is why you sent me two managed migration letters, one on 10th March which I never received, and one on 28th April.

I should not have been moved to New Style ESA on 21st March. I should have remained on legacy income based ESA until my claim for UC began on 1st May.

I have also previously requested that the LCWRA element be added to our UC claim, and the carers element as my wife cares for me.

I asked about these previously but have not heard anything or received any payments.

Thanks"

My MP has now written to DWP with all the details of my case and how difficult and frustrating it has been attempting to communicate with DWP.

I understand that:

- I must have IR ESA reinstated from 21st March to 30th April and EDP paid for that period.
- I must have LCWRA and carers elements added to our UC claim.
- TP must be reinstated as I only became aware of the requested managed migration to UC on 28th April via a 'reminder' letter. I did not receive the initial letter dated 10th March.

Newcad

The fact that DWP say that you were sent a Migration Notice letter on the 10th of March does make the TP argument more complicated.
It may well mean that the DWP are correct that no TP is due at all.

Why did you not mention that before? You only told us about the April letter.

I would strongly advise you not to try and start an appeal without getting help from a local advisor first.
Without meaning to be insulting, I do not believe that you have the necessary skills for what is a pretty specialsed and complicated set of circumstances here.

That 'missing' 10th March letter makes it more imperative that when the right time comes you get the help of such as Citizens Advice or another local advice organisation. 
That 10th March letter means that it will be a much more difficult job to challenge for TP than if the letter had been sent in April like you first said.
It is going to need an appeal to the tribunal on the grounds that you never received that first letter,and that is a long shot.
You should prepare yourself that you may not be entitled to any TP at all, if the 'missing' 10th March letter cannot be discounted then the DWP are correct and no TP is due at all.

However you are still some way (months) off reaching that stage of trying to get a TP added..

1. Your priority is to get UC paying you something, you have started that process by putting the notes/requests about LCWRA and Caring on your UC account and journals.
2. Then you need an advisor on board to challenge the ESA decision to move you to New Style ESA, and get your IR ESA reinstated, and the EDP paid, from when you became a couple until when you claimed UC.
3. Then if your wife is awarded PIP at tribunal, you can also ask ESA to backpay for couples SDP for that period.
4. Only then after all that has been done can you start to think about challenging the decision not to give you any TP.

For numbers 2, 3, and 4 you are going to need someone to help you, an advisor who can see all your letters and paperwork, and advise you what to do and when. (If you try to do it on your own I'm afraid that you may mess things up).

You can find advice organisations with offices close to you by putting your postcode in here and selecting 'Welfare benefits': https://advicelocal.uk/
Get in contact with one near you to help you appeal, you can (should) ask them to read this thread.