UC - natural migration and SDP

Can someone confirm, if someone who was previously in receipt of the SDP and their cirs change, so that a claim to UC has to be made, as this is ‘natural migration’ they loose the SDP as not transitionally protected?  Its only under ‘managed migration that the SDP is transitionally protected?

For now, yes.

But there are draft regulations that will stop them from migrating naturally.  Because the draft regs also cover managed migration, including rather complex transitional protection rules with a lengthy snagging list, they have not been released yet.  It is a shame they cannot at least get the SDP Regs out, but the whole package is currently being scrutinised by SSAC.

However, under those same draft Regs, anyone with the SDP who has migrated and lost out in the meantime will get some of their money back under a rough and ready compensation scheme.  Again, thjs is not yet in force.

This is really helpful, however we have a case of someone on ESA with sdp who tried to make a new claim for HB and has had a letter to say she has to claim UC as she is in a UCFS area. Just been discussing this with colleagues as I’m thinking one option is that she either requests an MR and subsequently an appeal about the decision to refuse HB, on the basis that hopefully the new regs will be out soon and somehow we could get the claim resurrected. Or if she can manage without HB at the moment wait for the regs and then a late MR about the HB decision. This of course runs the risk that the HB decision is technically sound despite any new regs protecting these customers until managed migration is upon us?

It seems so unfair that they haven’t just added a simple addition to the exclusions for claiming UC for those whoa re getting an sdp right now - maybe that is something that could be challenged via judicial review?

Any ideas???