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Backdated rent increase to 1st period and Transitional Protection

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1 day 17 hours ago #306161 by Mr Croesus
I was migrated to UC from legacey benefits two assessment cycles ago, and have been award Transitional Protection.

The issue is I didn't realise rent increases would erode this. My rent has gone up in years, and it's £715 compared with the £900 that the now 1 Bed LHA locally is now set. If I moved I could increase the LHA to £900, but the TP would erode by £185, and i'd be 'out of pocket' that much.

I didn't realise the Housing Element was in the TP, stupidly, and I discussed the increase with my landlord. We agreed a verbal contract we will both honour, and can provide testimony, for within the 1st assessment period. I just thought it could be backdated or go up later when I setteld the payments and understood them better (my case is a bit complicated with premiums).

If my rent were now to be back dated to £900 in the 1st period, would I lose the TP? The variance in cash terms doesn't matter to me as much as getting the £900 level going forward. It just needs to apply since then and ill absorb the cost to cover the arrers out savings. Obviously I dont want to lose the TP for merely this, as it's value higher.

Probably a bit complicated, so if there is any insight without certainity that is still welcome. Along with any suggestions as to where to get some authoritive advice. I know a solicitor who can help...

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1 day 9 hours ago #306163 by David
Hi Mr Croesus

You are correct in so far as a rent increase within the first AP after Migration does not erode TP.
You will need to persuade UC regarding the backdating first though.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 day 41 minutes ago #306210 by Mr Croesus
OK, there are serious health complications in this period which I believe are legitimate grounds at least to ask.

To be clear if the rent increase is that only applied after the 1st AP, then the LHA would go up and the TP would go down accordingly to 'balance'?

I'm just trying understand whether that is going to mean this would be a 'new claim' and completely void the TP awarded presently. It's also so complicated and the lack of clarity make me ill.

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23 hours 23 minutes ago #306214 by David
Hi Mr Croesus

Yes after the first AP any increase in the UC standard amount for instance if occasioned by eligibility to an increased housing element will incur a corresponding reduction in the Transitional Element.

David

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Mr Croesus

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14 hours 44 minutes ago #306244 by Mr Croesus
To clarify if I inform them of the increase and seek back dation and the grant it, this would not count as a 'new claim' and the void the whole amount of the TP?

I recognise a report even when stated to be late but then only awarded frmo the day/period of a later than 1st AP would result in a corresponding decrease of the TP. I am concerned about asking for a backdated request if it risks losing the whole of the TP, not just the rent differential.

Final question, how do go about reporting an increase as well as requesting backdation at the same time? Is that a different process to reporting just the change itself?

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12 hours 19 minutes ago #306245 by Mr Croesus
TO be clear if the rent goes up, I report that and the request for it to be back dated:

If the back dating is granted does this void the rest of my TP?

Otherwise from the point of report my housing element will go up by the difference to this new level, but my TP element will correspondingly reduce.

Final question, it was only recenlty I was migrated, but I did have the SDP still at that point and so it was relfected in my TP calculated cash wise, but it isn't otherwise stated as a sperate element or the award in my UC.

Can I confirm that the SDP Transitional Element is different to my situation? Again I am just concerned if this poses a risk to the TP I have been awarded in someway if I ask for backdated increase...

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