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re migration to u/c from esa and approaching pension age
- tango
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1 month 6 days ago #308624 by tango
re migration to u/c from esa and approaching pension age was created by tango
Hi there just received my migration letter to transfer to u.,c from esa support group and this has a deadline date of 19 November. my question is that has i will be claiming my state pension in january and then i will not be able to claim u/c anymore, is there any way or legislation in place that does not require me to migrate to u/c. it just seems a bi of a waste of time to transfer to u/c for the sake of 6 weeks and then have to start all over again with my housing benefit claim.
regards tango
regards tango
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1 month 6 days ago #308632 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic re migration to u/c from esa and approaching pension age
Hi tango
Unfortunately not. You will have to claim UC and as you say claim Housing Benefit again when you reach state pension age.
David
Unfortunately not. You will have to claim UC and as you say claim Housing Benefit again when you reach state pension age.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- tango
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12 hours 36 minutes ago #309668 by tango
Replied by tango on topic re migration to u/c from esa and approaching pension age
just a quick update on my progress with this matter. i contacted the cab help line for assistance transferring to managed migration to u/c and explained my circumstances as approaching pension age and he said he would ring me back which he duly did and explained that i was exempt from the migration process as per dwp guidelines and had arranged a 3 way call to dwp as regards cancelling migration notice. we made phone call and basically got nowhere and i have copied and pasted a copy that cab sent to me about the phone call
Thank you for contacting Citizens Advice today. You can forward this email on to your MP in support of any complaint you choose to make. Please find the DWP guidance that says: www.whatdotheyknow.com/request/guidance_...cookie_passthrough=1
Exclusions
In certain circumstances, claimants will not be included in the Move to Universal Credit (managed migration) programme. These are claimants who are:
• within 6 months of State Pension age
Your letter was sent on 18 August 2025. You turn state pension age on 26 January 2026. So, the letter was sent to you within 6 months of you turning state pension age, so the guidance applies.
I assisted you with a call to the DWP Managed Migration helpline today. The call handler spoke to her manager several times and gave the following reasons at various stages during the call as to why the DWP can't cancel your managed migration letter:
1. The guidance has been changed so that claimants will not be included in the Move to Universal Credit if they are within 4 months of turning State Pension age. The call handler was unable to pinpoint where this guidance came from and made vague references to internal guidance we can't see and information on GOV.UK. She later decided that the 4 month rule referred to something else entirely that was connected to advance payments.
2. The reason you must claim Universal Credit is that it will make the transfer over to Pension Credit smoother.
3. The managed migration letter was actually sent to you longer than 6 months prior to when you turn state pension age. This is despite our best efforts to explain that 6 months after the letter was sent is 18 February 2026. You turn state pension age on 26 January 2026.
4. The reason you need to claim Univeral Credit is because ESA is ending. However, your letter doesn't even refer to ESA because you aren't getting income-related ESA. You are being asked to claim Universal Credit because you get Housing Benefit which isn't ending.
In essence, the DWP are refusing to exercise their discretion available to them under these regulations: www.legislation.gov.uk/uksi/2014/1230/regulation/44
(5) The Secretary of State may cancel a migration notice issued to any person—
(a)if it has been issued in error; [F6or]
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in any other circumstances where the Secretary State considers it necessary to do so in the interests of the person, or any class of person, or to safeguard the efficient administration of universal credit.
I hope this helps and good luck!
i then contacted my mp about this and and got the following reply from my mp
I hope this email finds you well.
I am writing to provide you with an update regarding the migration notice for Universal Credit that was issued in error.
We have formally contacted the DWP on your behalf, providing all relevant details and supporting documentation, including your correspondence with the Citizens Advice Bureau and the applicable DWP guidelines. We have requested that the DWP immediately cancel the migration notice in line with their own rules.
We are now awaiting their formal response and will update you as soon as we receive confirmation. Please be assured that we are monitoring this matter closely to ensure it is resolved promptly.
If you have any further questions in the meantime, please do not hesitate to contact me.
so i now await the dwp reply to this letter from my mp.
just to let you know i am on income based ESA but this was not included in the migration letter it looks like the dwp are following their own guidelines as regards my esa claim but not my housing benefit. will keep you informed of any updates on this matter
regards tango
Thank you for contacting Citizens Advice today. You can forward this email on to your MP in support of any complaint you choose to make. Please find the DWP guidance that says: www.whatdotheyknow.com/request/guidance_...cookie_passthrough=1
Exclusions
In certain circumstances, claimants will not be included in the Move to Universal Credit (managed migration) programme. These are claimants who are:
• within 6 months of State Pension age
Your letter was sent on 18 August 2025. You turn state pension age on 26 January 2026. So, the letter was sent to you within 6 months of you turning state pension age, so the guidance applies.
I assisted you with a call to the DWP Managed Migration helpline today. The call handler spoke to her manager several times and gave the following reasons at various stages during the call as to why the DWP can't cancel your managed migration letter:
1. The guidance has been changed so that claimants will not be included in the Move to Universal Credit if they are within 4 months of turning State Pension age. The call handler was unable to pinpoint where this guidance came from and made vague references to internal guidance we can't see and information on GOV.UK. She later decided that the 4 month rule referred to something else entirely that was connected to advance payments.
2. The reason you must claim Universal Credit is that it will make the transfer over to Pension Credit smoother.
3. The managed migration letter was actually sent to you longer than 6 months prior to when you turn state pension age. This is despite our best efforts to explain that 6 months after the letter was sent is 18 February 2026. You turn state pension age on 26 January 2026.
4. The reason you need to claim Univeral Credit is because ESA is ending. However, your letter doesn't even refer to ESA because you aren't getting income-related ESA. You are being asked to claim Universal Credit because you get Housing Benefit which isn't ending.
In essence, the DWP are refusing to exercise their discretion available to them under these regulations: www.legislation.gov.uk/uksi/2014/1230/regulation/44
(5) The Secretary of State may cancel a migration notice issued to any person—
(a)if it has been issued in error; [F6or]
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in any other circumstances where the Secretary State considers it necessary to do so in the interests of the person, or any class of person, or to safeguard the efficient administration of universal credit.
I hope this helps and good luck!
i then contacted my mp about this and and got the following reply from my mp
I hope this email finds you well.
I am writing to provide you with an update regarding the migration notice for Universal Credit that was issued in error.
We have formally contacted the DWP on your behalf, providing all relevant details and supporting documentation, including your correspondence with the Citizens Advice Bureau and the applicable DWP guidelines. We have requested that the DWP immediately cancel the migration notice in line with their own rules.
We are now awaiting their formal response and will update you as soon as we receive confirmation. Please be assured that we are monitoring this matter closely to ensure it is resolved promptly.
If you have any further questions in the meantime, please do not hesitate to contact me.
so i now await the dwp reply to this letter from my mp.
just to let you know i am on income based ESA but this was not included in the migration letter it looks like the dwp are following their own guidelines as regards my esa claim but not my housing benefit. will keep you informed of any updates on this matter
regards tango
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- David
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8 hours 5 minutes ago #309674 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic re migration to u/c from esa and approaching pension age
Hi tango
I expect the point that the DWP will make is that the exemption is not mandatory and in your circumstances it is discretionary. So legally I don't think you will be able to progress the matter. Please let me know how you get on.
David
I expect the point that the DWP will make is that the exemption is not mandatory and in your circumstances it is discretionary. So legally I don't think you will be able to progress the matter. Please let me know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 hours 30 minutes ago #309679 by Gaddy
Replied by Gaddy on topic re migration to u/c from esa and approaching pension age
Hi tango,
Good for you for trying to get the migration notice cancelled, I really hope you are successful.
I have been on tenterhooks since last September as to whether I will be forced to migrate. I reach state pension age on the 1st January 2026 and as I am now within 3 months of that date I dare to hope I will remain on ESA and HB. It was really the having to reapply for HB if put on UC that seemed unnecessary to me. Remember you can actually apply for your state pension by phone 4 months before reaching state pension age and make your application for pension credit at the same time. I did this at the earlies opportunity. All the best, Gaddy
Good for you for trying to get the migration notice cancelled, I really hope you are successful.
I have been on tenterhooks since last September as to whether I will be forced to migrate. I reach state pension age on the 1st January 2026 and as I am now within 3 months of that date I dare to hope I will remain on ESA and HB. It was really the having to reapply for HB if put on UC that seemed unnecessary to me. Remember you can actually apply for your state pension by phone 4 months before reaching state pension age and make your application for pension credit at the same time. I did this at the earlies opportunity. All the best, Gaddy
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