ESA/UC and Transitional Protection (TP)

System

This discussion was created from comments split from: UC & LCWRA ISSUE.

catz2271

Can someone please help me as ESA/UC have really messed things up and I have no idea what's happening and who is right. I was on LCW and filled the form think it is called ESA50 to arrange a WCA back in Jan 2024. Then I had to migrate to UC in October 2024 with the WCA still pending. When I transferred I was on, including Housing Benefit and other benefits like Child Tax Credit, LCW it totalled around £1700 a month. I am 55 now so well over 25 and a single mum to a 17yr old still in full time education. I had the WCA Feb 2025 and the decision was I was entitled to LCWRA from Jan 2024. That's when it gets complicated and UC decision makers had no idea. At the time LCW was £156 and LCWRA was £416 (260 difference). Decision 1 on 20th February said as I was entitled to it from before I switched they wouldn't remove it from my TP so I was on £1960 a month as after checking and verifying how much I was entitled to that's what they said. They backdated it to when I switched and continued to pay me £1960 until October 2025. Then Decision 2 said the £260 increase needed to come off my TP so went back down to £1700 and then they said there had been an overpayment so I had to repay them over £2300. Reconsideration agreed with Decision 2, I took it to appeal and read what UC said regarding my WCA decision. They agreed when I was entitled to LCWRA from (Jan 2024) but then they said my ESA claim ended 8th April 2024 it hadn't and ESA were to pay me the LCWRA to end of OCtober 24 and UC from when my UC took over mid October I had a Budgeting loan the extra 2 weeks ESA you can get to tide me over to 21 November 2024 when I'd receive my first UC payment hence the reason myESA ended after I started UC. At the appeal the Presenting Officer for the Secretary of State agreed with Decision 1 and agreed there wasn't an overpayment so that was set aside and that UC had to backdate the money they took off my TP for 9 months. UC have suspended that decision and asked for the judge to provide a statement of reasons and then if needed to take me to a higher court. So should I be in receipt of £1960 or £1700 because it's obvious UC decision makers and a manager can't agree the appeal court and Presenting Officer, who represent UC or DWP agree with me and say I'm entitled to £1960 I am confused, UC seem to be confused I have asked and rang the number on the Suspension letter to speak to a manager from Appeals but nobody will talk to me. I'm epileptic and I keep getting told by my Neurologist and GP to avoid stress and UC kep piling it on me

whizzywoo

https://forums.moneysavingexpert.com/discussion/comment/82108141#Comment_82108141

It would be much better if you could split your post up into paragraphs as it's very hard to read at the moment.

Also it may be better to start your own thread instead of tagging it on the end of someone else's. Use this link to post your own thread.

https://forums.moneysavingexpert.com/post/discussion/benefits-tax-credits

Newcad

……. UC have suspended that decision and asked for the judge to provide a
statement of reasons and then if needed to take me to a higher court. So
should I be in receipt of £1960 or £1700 because it's obvious UC
decision makers and a manager can't agree the appeal court and
Presenting Officer, who represent UC or DWP agree with me and say I'm
entitled to £1960 I am confused,

UC/DWP cannot "suspend" a tribunal decision, however they can appeal against it to the Upper Tribunal if they think the First Tier Tribunal has made an error of law. (As you can too).
That is why they have asked for a Statement of Reasons - to check if the FTT has made an error in the law.

As they are looking to appeal against the decision of the tribunal then they will only pay the lower amount until either they decide not to appeal after all, or their appeal is rejected.

peteuk

I may be wrong, but hopefully someone will correct me if I am…

Tapering TP was only applied if your UC was lower than what you were claiming prior to transition. If it was applied due to capital limits (Over £16k) then it was applied for one year.

So if your UC claim was say £1400 but your previous claim was £1700, then TP would be applied and take your payment to £1700.

If your claim works out to be £1960 due to the LCWRA then you would loose the TP as your claim is higher than what you previously claimed. Decision 1 applied a backdate to before you switched - have you asked for a back dated payment of previous benefits? Would this take your £1700 higher? (Side note if you were on TP because your claim was below £1700 and the LCWRA takes you back over and they remove the TP, then the difference could possibly be an overpayment. Eg UC payment £1400+ LCWRA £416= £1816 if you were paid £1960)

*Can someone advise if they would recalculate UC from 6/12 months ago?

Check your UC statements, is there a TP line and how much is it? Check how much your basic UC is before WCA and LCWRA are applied. If UC and WCW/LCWRA is above £1700 then your TP is not required. (My understanding) I think the question is around the TP and if it should or shouldn’t be applied. DWP have asked for an additional statement, it might help them understand why the outcome is what it is. They, like you have the right to question it which does drag it out further.

I am sorry this is causing more stress, can you get your neurologist to write a letter explaining this is detrimental to your health because of your condition. Good luck!

huckster

Yes UC would recalculate back to start of claim taking into account LCWRA award.

In the OP's case I don't understand why UC/DWP are making this so complicated. It is not a difficult calculation.

Even though this is going through tribunal process, I would suggest contacting local MP, so they can enquire with DWP ministers.