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UC migration - carer element and TP / bedroom tax

Hi hoping for some help

I am due to be migrated by October 3.

One concern is how applying for carer element will impact TP.

I read somewhere that to protect TP it matters if CE is claimed in AP1 or AP2.

I have been claiming carers credits to protect my NI contributions, but I am now definitely at least 35 hours a week.

I am the partner in my wife's IRESA claim.
We both get ADP care component, full HB with extra room exemption and full council tax rebate.

I am not sure what happens to the bedroom tax exemption when I move to UC, will I need new evidence etc of non-resident overnight carer? When would this need to be sent?

Any advice much appreciated.

Comments

  • 8dayweek
    8dayweek Posts: 266 Forumite
    100 Posts First Anniversary Name Dropper
    After your housing costs are verified, you’ll get a task in your To-Do list asking about the extra bedroom (for a couple it will ask if you need an extra bedroom for overnight care from someone who does not live with you OR if you’re unable to share due to health / disability). 
  • ltcinter
    ltcinter Posts: 48 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks for the information. 
    I will wait for the to-do request.

    I wonder if anyone knows about the carer element?
  • huckster
    huckster Posts: 5,374 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 8 September at 9:16AM
    Don't know where you read about claiming Carers Element  in AP1 or AP2 and this being a factor in Transitional Protection element being additionally protected in some way. That does not appear to make sense.  It is normally in situations where the cared for person dies that for the carer benefits these will be protected for a run off period of 2 months.

    When Transitional Protection is calculated, they look at the basis of your benefit entitlement before claiming UC and a comparison is made with UC normal benefit rates. And TP is applied where required.

    Adding Carer Element after claiming UC will affect TP calculation. This is noted on the following Gov.uk link.

    Transitional protection if you receive a Migration Notice letter - GOV.UK https://share.google/uzFz5hoeAtsPuDt3F
    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • ltcinter
    ltcinter Posts: 48 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Thanks for the link.
    I was sure I read somewhere that it was better to apply for the carer element after AP1 for some reason. It was to do with TP erosion, and involved having to send in a sick line and attending job centre for the first month or so. Then claiming CE from AP2.
    It sounded like a very convoluted way to protect TP so I would much prefer to apply for CE when I fill in the online application form.
    We will both be pension age in May 28 so if there are no COCs before then, I don't think TP will even be fully eroded by then in either case. Unless inflation goes mental again!

       
  • Yamor
    Yamor Posts: 666 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 9 September at 3:09AM
    If you claim UC and report in the claim that you are a carer, then that would be taken into account when calculating TP, and would mean a lower Transitional Element from the outset (due to the inclusion of the Carer Element in the 'Indicative UC Amount').

    If you claim UC without reporting that you are a carer, and then report a change of circumstances in AP2 (or later), then your Transitional Element would initially be higher (as there is no Carer Element in your 'Indicative UC Amount') but it would then get eroded by the amount of the Carer Element from the AP in which the Carer Element gets added to your UC award. The net result is therefore the same as the previous scenario.

    There is possibly a 'sweet spot': if you claim UC without reporting that you're a carer, and then report a change of circumstances during AP1 that you have become a carer. In that case, the Transitional Element should get calculated without the Carer Element being included in the 'Indicative UC Amount', as it is based on circumstances at the point of your claim. On the other side, the inclusion of an extra element in AP1 does not erode the Transitional Element. So, you could end up better off.
    However, whether this will work in practice isn't clear. And if there was no genuine change of circumstances which occured during AP1, then DWP may look to revise the Transitional Element calculation anyway.
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