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ESA/SDP to UC : transitional protection and HB
- robin.ord14@btinternet.com
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5 years 9 months ago #234889 by robin.ord14@btinternet.com
ESA/SDP to UC : transitional protection and HB was created by robin.ord14@btinternet.com
Hi,
I know the government have provided some safeguards to those on SDP and transitional protection arrangements, but it is still confusing how this will be applied in my situation.
My situation may change within next 12 months or so probably around the time of managed migration so I hope you might be able to help me with the following .
When I am eventually moved from ESA/SDP to UC, under managed migration and transitional protection is applied, I am aware that the approx. £194 per week incl the SDP equivalent element will still continue instead of around £150 as would be the case under UC without the SDP equivalent due to the transitional protection (assuming circumstances haven’t changed substantially etc).
However, I own my own home at the moment but may have to move due to my condition, to a more expensive one but on a shared ownership basis putting all house equity from sale of current house into the shared equity property and paying rent regards the none owned part.
My questions are :
1. If I have already been managed migrated to UC with transitional protection before I apply for housing benefit, would the transitional protection cease on claiming HB.
2. If I am still receiving ESA/SDP when applying for housing benefit will this trigger a UC application under natural migration and therefore losing the SDP equivalent with TP not then applying or does having SDP prevent any move from Legacy benefits until the managed migration to UC, whereby the SDP will be protected under TP as HB was claimed before the managed migration.
3. If moving out of the same local authority area, will this affect the answers in any way
Thank you
Robin
I know the government have provided some safeguards to those on SDP and transitional protection arrangements, but it is still confusing how this will be applied in my situation.
My situation may change within next 12 months or so probably around the time of managed migration so I hope you might be able to help me with the following .
When I am eventually moved from ESA/SDP to UC, under managed migration and transitional protection is applied, I am aware that the approx. £194 per week incl the SDP equivalent element will still continue instead of around £150 as would be the case under UC without the SDP equivalent due to the transitional protection (assuming circumstances haven’t changed substantially etc).
However, I own my own home at the moment but may have to move due to my condition, to a more expensive one but on a shared ownership basis putting all house equity from sale of current house into the shared equity property and paying rent regards the none owned part.
My questions are :
1. If I have already been managed migrated to UC with transitional protection before I apply for housing benefit, would the transitional protection cease on claiming HB.
2. If I am still receiving ESA/SDP when applying for housing benefit will this trigger a UC application under natural migration and therefore losing the SDP equivalent with TP not then applying or does having SDP prevent any move from Legacy benefits until the managed migration to UC, whereby the SDP will be protected under TP as HB was claimed before the managed migration.
3. If moving out of the same local authority area, will this affect the answers in any way
Thank you
Robin
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- Gordon
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5 years 9 months ago #234949 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA/SDP to UC : transitional protection and HB
Robin
It's impossible to give a definitive answer as there is every possibility that the legislation controlling the process will be amended before the bulk transfer of claimants.
1. Claiming Housing Benefit is not currently a Change that will remove the Transitional Protection.
2. Currently, you are barred from making a new claim for UC due to your receiving the SD Premium we have to assume that this barrier will be removed when the Managed migration starts so I would expect a claim for UC will be required
However, this would then be a Natural migration, not a Managed one, payment of the SD Premium is included but you may still not receive the same as you currently do.
3. Not as we currently understand but it is possible that the early part of the Managed transfer would be done may be rolled out by postcode.
Gordon
It's impossible to give a definitive answer as there is every possibility that the legislation controlling the process will be amended before the bulk transfer of claimants.
1. Claiming Housing Benefit is not currently a Change that will remove the Transitional Protection.
2. Currently, you are barred from making a new claim for UC due to your receiving the SD Premium we have to assume that this barrier will be removed when the Managed migration starts so I would expect a claim for UC will be required
However, this would then be a Natural migration, not a Managed one, payment of the SD Premium is included but you may still not receive the same as you currently do.
3. Not as we currently understand but it is possible that the early part of the Managed transfer would be done may be rolled out by postcode.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: robin.ord14@btinternet.com, Bernie
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