Claimant entitled to transitional protection wants to move in partner who currently gets SDP, how will their transitional protection work? 

Hey everyone, this is quite a complicated one so I’ll try to break it down as clearly as I can.

My client is a working age disabled man who was living with his mother in her council property. His mother died in October 2022. He has continued to live in the property. He has tried to inherit the tenancy but has not yet managed to for various reasons (the property is really too big for him but due to his significant disabilities he doesn’t want to put himself through moving; this is ongoing).

He did not realise he could claim benefits for the rent so hasn’t done so yet. He did claim the SDP on his ESA as since his mother died he has been living alone and nobody gets CA for him. He currently gets ESA (with SDP) and PIP.

He needs to claim UC to cover his rent. As he gets SDP he will be entitled to transitional protection on his single person UC claim.

He has a partner, also working age, who lives alone elsewhere at present. Their long-term plan is for her to move in with him but due to her current tenancy, she will not be able to do this for at least another few months. She currently also gets ESA with SDP and PIP.

When she moves in, she will obviously need to be added to his UC claim as his live-in partner. My question is how will transitional protections be affected in this case. If they were to make a UC claim together as a couple both entitled to SDP, they would both receive transitional protection because of their SDPs. However, because of the circumstances, he will need to make a single person claim and then add her to the claim later.

I assume that his transitional protection will be reduced because they will then receive the couple rate of UC (although I haven’t actually seen this in writing anywhere but based on the rules about changes of circs).

Will she receive transitional protection when she is added to his claim? Will they be paid the couple rate of transitional protection as they would if they were a couple both entitled to SDP making a new UC claim? Or will they each get a single person transitional protection rate? Will her transitional protection also be reduced because of the new couple element or only his?

I hope this makes sense, let me know if you need me to clarify anything. He is already in significant rent arrears so I don’t think it would be a good idea for them to wait for her to move in to make the UC claim.

Transitional protection ends if a single claimant becomes a member of a couple.  If either of them is currently on UC at the point when they get together, they will have a regular couple’s UC award from then on with no bells or whistles.

If the partner is currently getting HB for her tenancy, and if it is in the same LA area as the client’s home that she will be moving into, there is a convoluted way they could remain on ESA with an SDP and full HB.  The client who is contemplating a UC claim at the moment would need to end his UC before they form a couple,.  Then, when she moves in:

- Her ESA could be reassessed at the couple rate and would include 2x SDP
- She could remain on HB following a change of address within the same LA (she is treated as liable for his rent if they are a couple)