Universal Credit Resources

Hi,

Hoping someone can point me in the right direction.

My expertise is in PIP but we are now seeing a large increase in our UC enquires. I’ve got a UC appeal coming up regarding Transitional Protection and Managed/Natural Migration differences and I struggling to find any resources which give in-depth discussion around TP and when it does/doesn’t apply. The CPAG book I have only briefly mentions this.

Anyone know of any resources I can look at for this?

Thanks

Adam

I have just received an email in my inbox advertising this course which might be what you need:

https://bookwhen.com/the-benefits-training-co/e/ev-somq-20231219094500

The short answer is that managed migration is where your client receives a “migration notice” and then proceeds to make a claim for UC. If they have not received a migration notice, then they are not a managed migrant and do not get any transitional protection.

Thanks for alerting me to the course Elliot!

In the meantime, are there any books/documents etc you or your colleagues have used which are helpful specifically around transitional protection? I’ve got a complicated UC Transitional Protection appeal which is due to be heard shortly.

Thanks again

Bcfu - 28 November 2023 11:53 AM

Thanks for alerting me to the course Elliot!

In the meantime, are there any books/documents etc you or your colleagues have used which are helpful specifically around transitional protection? I’ve got a complicated UC Transitional Protection appeal which is due to be heard shortly.

Thanks again

Sorry but I am a bit confused as to how a “complicated UC Transitional Protection appeal which is due to be heard shortly.” could exist. There has only been managed migration in Lancashire since September.

What is the actual issue in your case and perhaps we can help more specifically?

https://www.sweetandmaxwell.co.uk/Product/Family-and-Social-Welfare-Law/Social-Security-Legislation-2023-24-Volume-II/Paperback/43207575

Lexis Nexis if you have money to burn.

Or if you’re on a limited budget, you can get old copies of Sweet & Maxwell online for a fiver. My old copies have served me well for years, provided I spend some effort keeping up to date from other channels.

Elliot Kent - 28 November 2023 12:03 PM

Bcfu - 28 November 2023 11:53 AM

Thanks for alerting me to the course Elliot!

In the meantime, are there any books/documents etc you or your colleagues have used which are helpful specifically around transitional protection? I’ve got a complicated UC Transitional Protection appeal which is due to be heard shortly.

Thanks again

Sorry but I am a bit confused as to how a “complicated UC Transitional Protection appeal which is due to be heard shortly.” could exist. There has only been managed migration in Lancashire since September.

What is the actual issue in your case and perhaps we can help more specifically?

Apologies for the confusion.

In a nutshell, client moved from Blackpool to Reading to live in Supported Living and was moved over to UC, however he should have never been moved over to UC at the time because of him moving into Supported Living and needing housing costs (from what I understand he should have applied to HB which he didn’t as he was wrongly advised). From looking at the documents provided, it seems that because he was moved over to UC wrongly, the DWP compensated any losses through the Transitional Element (possibly done on the advice of ICE who stated in their response that there UC should now match their legacy entitlement.

This has now been removed but without any change of circumstances so this is why the appeal has happened (plus a separate overpayment appeal has been made).

I’ve only just been asked to represent the client as the Judge adjourned his last appeal as they needed representation. Its made even more difficult by the fact that the DWP haven’t sent either of us all the documents requested, have changed payments which shouldn’t have been changed and have so far refused to show up to an appeal (Judge has quite clearly stated now that they must attend)

Okay, well your appeal has nothing to do with either managed migration or transitional protection for starters.

Your client naturally migrated to UC. It may be that they did so because of a mistake, but functionally that would be the position. The DWP has no power to just grant them a transitional element as though they were a managed migrant.

There are two possible explanations for the payments that your client has received.

One is that if they were previously getting the Severe Disability Premium when they were on legacy benefit and have therefore lost it as a result of no equivalent being included in UC.

Special provision was made for this group which are set out in Schedule 2 of the Universal Credit (Transitional Provisions) Regulations 2014. Eligible claimants receive a flat rate payment as set out in the schedule.

From 8 October 2020, these payments have been treated as a transitional element and can therefore be ‘eroded’ in line with regulation 55. Erosion means that the payments are reduced any time there is an increase in another amount of UC - uprating or the introduction of new elements say. It can also be stopped in the circumstances set out in regulation 56.

So it is possible that your client has lost the element by falling out of the conditions set out in the schedule, by loss of the element to ‘erosion’ or by e.g. forming a couple.

Further info here: https://askcpag.org.uk/content/206411/the-new-transitional-sdp-element

The other possibility is that it is some sort of ex gratia special payment made in compensation for maladministration, in which case it would be outside of the appeal process and you would need to query it with DWP complaints team.

Thanks Elliot,  this is helpful.

I’m going to assume that it is the first one as the appeal specifically mentions “transitional protection” as the appeal subject. As you said, its a natural migration and not managed which is why I was confused in the first place (glad you mentioned this as thought I was doing something wrong!)

I’ll make more enquiries with the client and DWP, although the DWP have been less than helpful - the adjournment last time was specifically because the DWP confused everything then didn’t bother to turn up!