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Transitional Protection and Service Charges

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9 hours 28 minutes ago #313938 by Kathleen
When transferring from ESA to UC are service charges for a leaseholder’s accommodation included as part of the UC housing costs entitlement or are they included in the transitional protection payment. If they are included in the transitional protection what is the authority for this. In this particular claim the DWP have included them as part of the transitional protection payment and not as part of the regular UC entitlement and as a result the claimant is already worse off financially both due to service changes being based on an estimated bill at the beginning of the year with the balance being due at the end of the year when the actual service charge is calculated and the estimated service charges for the new year being higher than than the ESA claim.

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9 hours ago #313939 by David
Hi Kathleen

I don't know how comprehensive your understanding of HB and UC regs are regarding Leaseholder Service charge but your following question cannot be answered without taking into account many other factors "When transferring from ESA to UC are service charges for a leaseholder’s accommodation included as part of the UC housing costs entitlement or are they included in the transitional protection payment"?
You really need specialist Benefits advice on the subject but a read of the UC regs would be a good start:-
No housing costs element under this Schedule for qualifying period
5.—(1) An owner-occupier's award of universal credit is not to include any amount of housing costs element calculated under this Schedule until the beginning of the assessment period that follows the assessment period in which the qualifying period ends.

(2) “Qualifying period” means a period of—

(a)in the case of a new award, [F19] consecutive assessment periods in relation to which——

(i)the owner-occupier has been receiving universal credit, and

(ii)would otherwise qualify for the inclusion of an amount calculated under this Schedule in their award;

(b)in any case where an amount calculated under this Schedule has for any reason ceased to be included in the award, [F29] consecutive assessment periods in relation to which the owner-occupier would otherwise qualify for the inclusion of an amount calculated under this Schedule in their award.

(3) Where, before the end of a qualifying period, an owner-occupier for any reason ceases to qualify for the inclusion of an amount calculated under this Schedule—

(a)that qualifying period stops running; and

(b)a new qualifying period starts only when the owner-occupier again meets the requirements of sub-paragraph (2)(a) or (b).

www.legislation.gov.uk/uksi/2013/376/schedule/5/part/3

David

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

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