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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

SDP protection in UC

bigbill
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Dumfries Welfare Rights

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Joined: 24 June 2010

If two single claimants one on IBESA the other on IS both have SDP’s included move in together and claim UC as a couple should the double SDP’s and the TP carry over to the new UC claim?

No option to add new partner to IBESA due to children.

Elliot Kent
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Shelter

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Should be fine. The conditions for the SDP TE are (1) you are not moving in with someone already entitled to UC and (2) each of the joint claimants was entitled to the SDP and continues to meet the conditions of entitlement to it. Both conditions are satisfied here.

Example 3 from ADM M6735 deals with this exact situation:

Ashley is entitled to ESA(IR) including the SDP. On 23.2.21 she moves in with her partner Chad, who is entitled to ESA(IR) also including the SDP, as well as HB and CTC for his two children. Ashley and Chad claim UC as joint claimants, and as they meet both the first and second conditions, their UC award includes the transitional SDP element.

(It is still an option for them to move in and have one of them join the other’s irESA for a few days, bank the double SDP and then make the UC claim. The children won’t prevent that being done, but it would mean they would lose out on the CTC for those few days so probably not the better option).

bigbill
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Dumfries Welfare Rights

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Thanks Elliot as I suspected.

Did look at IBESA then UC but if added to UC anyways this will be claimed.