Legacy protected sdp

Hi dancer22

As you say after Managed Migration the Legacy Benefit SDP rules no longer apply and it is the UC Transitional Protection rules that do, as per below:

Your transitional protection element will be eroded/reduced penny for penny as your Universal Credit or Pension Credit award increases. This means you won’t receive any increase in your Universal Credit or Pension Credit award until your transitional protection element is reduced to £0.

YOUR UNIVERSAL CREDIT award might increase, and therefore your transitional element reduce, if for example:

your rent increases, leading to an increase in your housing element
the local housing allowance rates increase, leading to an increase in your housing element
a new element is added to your Universal Credit award
annual uprating each April increases the Universal Credit rates
The exception is a new or increased childcare element as this doesn't reduce your transitional element.

The transitional protection element doesn’t reduce until you have been receiving Universal Credit for at least a month but, from your second assessment period onwards, any reductions are made in the same period an increase occurs.

The transitional protection element won't change if your earnings fluctuate (unless you are affected by the administrative earnings threshold rule described below) but the amount of Universal Credit you are eligible for may change based on your earnings in the usual way.

Can I lose my transitional protection element?
Your transitional protection element will be removed completely because your claim is no longer comparable to the one your transitional protection element was based on, if:

a partner leaves or joins your household
your household earnings drop below a set threshold (called the administrative earnings threshold), which is based on the national minimum wage for your age. The drop is measured from your first assessment period after joining Universal Credit and should last for three assessment periods in a row.
your Universal Credit award ends
Once you lose the transitional protection element it will not be applied to any future awards. There is one exception if your Universal Credit award ends due to an increase in income and you make a new claim for Universal Credit within 3 months of your previous claim ending – in this case the new claim is considered a continuation of the old claim and the transitional protection element can be included again.

David