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Transitional protection
My client won an ESA LCWWRA appeal .
When she had failed the LCW assessment she had to claim UC.
Now that she has won her ESA appeal should UC pay her transitional protection as now, it has been found that she did have LCWWRA prior to her UC claim. OR does it not apply as it would be seen as a UC claim due to a change in circs not natural migration?
Thanks
Pippa
No transitional protection, as that is only provided for managed migration cases, but the LCWRA element should now be included from the start of the claim.
Thanks for clarifying Charles.
Although if she had an SDP in her ESA she should now receive the transitional payment alongside her UC payment - see https://www.rightsnet.org.uk/welfare-rights/news/item/regulations-laid-for-universal-credit-managed-migration-pilot
If she had the SDP, then she is entitled to the transitional payments.
If she didn’t have the SDP, then odds on she is actually better off under UC.