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Transitional Protection on UC reduced -migration from ESA- due to rent increase
- ScotD23
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1 week 10 hours ago #304576 by ScotD23
Transitional Protection on UC reduced -migration from ESA- due to rent increase was created by ScotD23
My son was formerly on ESA, PIP and housing benefit, and migrated to UC around February.
His original rent payment form UC - migrated from housing benefit, was £442. His original transition protection was £343.
They emailed around April requesting confirmation of council rent increases for him which we confirmed , They then advised their rent payment had increased to cover his council rent, which would also have been the case on housing benefit, and his rent portion of UC is now £473- the new rent.
However they also stated on the journal that 'Your transitional protection has reduced to £312.. This is because your Univesl Credit entitlement has increased'. So rent up by £30, protection reduced by 30.
This does not make any sense, appears to be breaking the transition protection and harming the person, however it looks liek they are using standardised wording to state it is normal that when rent increases the transition protection is reduced by the exct amount of the rent increase, , and therefore not actually protected whatsoever,
Can someone please advise if this is correct, and if it needs appealed do we do this via a journal message in theory this could erode all transition protection in a single year or tow if it was the actual case.
Many thanks
His original rent payment form UC - migrated from housing benefit, was £442. His original transition protection was £343.
They emailed around April requesting confirmation of council rent increases for him which we confirmed , They then advised their rent payment had increased to cover his council rent, which would also have been the case on housing benefit, and his rent portion of UC is now £473- the new rent.
However they also stated on the journal that 'Your transitional protection has reduced to £312.. This is because your Univesl Credit entitlement has increased'. So rent up by £30, protection reduced by 30.
This does not make any sense, appears to be breaking the transition protection and harming the person, however it looks liek they are using standardised wording to state it is normal that when rent increases the transition protection is reduced by the exct amount of the rent increase, , and therefore not actually protected whatsoever,
Can someone please advise if this is correct, and if it needs appealed do we do this via a journal message in theory this could erode all transition protection in a single year or tow if it was the actual case.
Many thanks
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- David
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2 days 13 hours ago #304750 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Transitional Protection on UC reduced -migration from ESA- due to rent increase
Hi ScotD23
That is correct. UC was devised to help with Benefit cuts. Here is an example provided by the DWP--
Example: How Transitional Protection is eroded due to an increase in housing costs
A claimant receiving Transitional Protection has a Universal Credit award of £1000 at
the end of their assessment period.
The claimant’s Standard Allowance and additional amounts for housing and children
add up to £880. The claimant also receives Transitional Protection of £120. This
means that the total award the claimant sees on their statement is £1000.
In the next assessment period, the claimant’s additional amount for housing
increases by £50.
At the end of the assessment period, this means that the total amount of the
claimant’s Standard Allowance and additional amounts for housing and children is
£930 rather than the £880 it was in the previous assessment period.
The Transitional Protection erodes penny for penny with any increase to the
Universal Credit award, apart from childcare costs.
This means that as the claimant’s Universal Credit maximum amount has increased
by £50, their Transitional Protection Additional Amount will reduce by £50. The
Transitional Protection Additional Amount that was previously £120 will reduce to
£70.
The claimant’s award for this assessment period will be made up of £930 for the
Standard Allowance and additional amounts for housing and children, and £70 of
Transitional Protection.
David
That is correct. UC was devised to help with Benefit cuts. Here is an example provided by the DWP--
Example: How Transitional Protection is eroded due to an increase in housing costs
A claimant receiving Transitional Protection has a Universal Credit award of £1000 at
the end of their assessment period.
The claimant’s Standard Allowance and additional amounts for housing and children
add up to £880. The claimant also receives Transitional Protection of £120. This
means that the total award the claimant sees on their statement is £1000.
In the next assessment period, the claimant’s additional amount for housing
increases by £50.
At the end of the assessment period, this means that the total amount of the
claimant’s Standard Allowance and additional amounts for housing and children is
£930 rather than the £880 it was in the previous assessment period.
The Transitional Protection erodes penny for penny with any increase to the
Universal Credit award, apart from childcare costs.
This means that as the claimant’s Universal Credit maximum amount has increased
by £50, their Transitional Protection Additional Amount will reduce by £50. The
Transitional Protection Additional Amount that was previously £120 will reduce to
£70.
The claimant’s award for this assessment period will be made up of £930 for the
Standard Allowance and additional amounts for housing and children, and £70 of
Transitional Protection.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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