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Child Receiving DLA Turning 16 years - When Best to Migrate
Hello
We have a claimant who receives tax credits and has received their Migration Notice. Child is 15 years and will turn 16 at the end of January. Would it be best to make the claim now and get the Transitional Protection in place for a disabled child, or wait until the end of the 3 month claim window? And would the TP be removed for the period when the DLA ends and before the PIP is (presumably) awarded?
Thanks
For obvious reasons, don’t have experience of directly advising on these issues but there are currently huge delays with PIP assessments and decisions so I’d get the ball rolling now.
What rate of DLA(c) is the child on now, and what rate of PIP(dl) do you expect? I inferred from your post that the child is perhaps on mid or low rate DLA(c) but you are expecting enhanced PIP(dl).
As far as UC migration goes, and all other factors being equal, I don’t think the timing makes any difference:
- either your client waits a few weeks and claims UC after the earliest day on which PIP could commence, and then in due course, after the dust settles, the rate of UC will include the higher disabled child element and no transitional protection will be needed; or
- your client goes ahead with the UC migration now, and gets a transitional UC element because of the difference between the rates of CTC ad UC for a child on mid/low DLA(c). When enhanced PIP(dl) is awarded in due course, and if it commences later than AP1, it will erode the transitional element to zero
The result is the same either way.
However, if you are expecting only standard PIP(dl), the transitional element would be applied irrespective of whether the child is still on DLA or already on PIP. There would be no erosion when PIP is awarded, other than through the annual uprating. Could your client beat the uprating by delaying the UC claim until the last minute I wonder - what is the deadline in the migration notice?
My reply assumes that DLA v PIP is the only key variable. There might be other factors indicating a quick UC claim, for example if there are renter’s housing costs and currently no HB.
What rate of DLA(c) is the child on now, and what rate of PIP(dl) do you expect? I inferred from your post that the child is perhaps on mid or low rate DLA(c) but you are expecting enhanced PIP(dl).
As far as UC migration goes, and all other factors being equal, I don’t think the timing makes any difference:
- either your client waits a few weeks and claims UC after the earliest day on which PIP could commence, and then in due course, after the dust settles, the rate of UC will include the higher disabled child element and no transitional protection will be needed; or
- your client goes ahead with the UC migration now, and gets a transitional UC element because of the difference between the rates of CTC ad UC for a child on mid/low DLA(c). When enhanced PIP(dl) is awarded in due course, and if it commences later than AP1, it will erode the transitional element to zeroThe result is the same either way.
However, if you are expecting only standard PIP(dl), the transitional element would be applied irrespective of whether the child is still on DLA or already on PIP. There would be no erosion when PIP is awarded, other than through the annual uprating. Could your client beat the uprating by delaying the UC claim until the last minute I wonder - what is the deadline in the migration notice?
My reply assumes that DLA v PIP is the only key variable. There might be other factors indicating a quick UC claim, for example if there are renter’s housing costs and currently no HB.
You also have the scenario (which you’ve hinted at in your post!) where enhanced PIP(dl) is awarded from some point in the first AP, in which case they would get a transitional element, and it wouldn’t be eroded.
Thank you for the above. Child is in receipt of DLA Middle Rate Care at present and we expect an award of Standard Rate Daily Living. I was just concerned that UC is less generous than tax credits with those not in receipt of the Enhanced Rate, so they would benefit from the Transitional Protection by claiming now
You also have the scenario (which you’ve hinted at in your post!) where enhanced PIP(dl) is awarded from some point in the first AP, in which case they would get a transitional element, and it wouldn’t be eroded.
Oh, that’s neat isn’t it - because the enhanced PIP(dl) doesn’t exist when the indicative UC is assessed, a transitional element is awarded ... but because the higher element is included in the first real UC calculation, and not added in a subsequent AP, they get the higher element as well with no erosion.
I know I’m only repeating what Charles said, but I think it’s worth emphasising as that could be a useful tactic for someone.
Hello
And would the TP be removed for the period when the DLA ends and before the PIP is (presumably) awarded?
Thanks
Surely the DLA award would continue until the PIP decision? Provided the child is awarded PIP there would be no time when they were not in receipt of a disability benefit and entitled to a disabled child element.
Yes, on a transfer from DLA to PIP, your DLA is automatically extended until 28 days after your DLA payday following the decision. The PIP award takes effect thereafter. So a higher PIP award taking effect within the first UC AP seems unlikely.
I don’t immediately see any reason why the datd of claim would make much difference
Thank you all, this is really useful