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Managed migration: Draft regs out for consultation

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HB Anorak
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Unfortunately the consultation has closed and so I was too late to flag up this technical lacuna (my email just got the “consultation closed” autoreply).  Has anyone else covered it in theirs or I do I need to find some other way of bringing it to DWP’s attention?  This is what I wrote:

I think there is a lacuna in draft UCTP Reg 63 affecting a UC claimant who was the partner on a legacy award of HB, IS or ESA and who claims UC as a single person as a result of no longer belonging to a couple, for example following the death of the person who was the legacy claimant.  This is a realistic concern given the greater likelihood of working age death in this client group (which includes many with terminal illness).  I therefore suggest that draft Reg 63(1) is amended to include cases where a person is or was within the previous a month a partner of a person entitled to an existing benefit with the SDP.  Obviously they will still need to satisfy subpara (b) as a single person

Is this already in hand?  Thanks

 

     
Daphne
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Written answer yesterday promises that -

Our focus for the process of the managed migration of existing benefits claimants to Universal Credit will be on safeguarding claimants and ensuring a smooth transition with uninterrupted support. We plan to have a comprehensive and well-supported preparation period for claimants, the flexibility to extend that period if necessary; and a process to ensure that, before the existing benefits are stopped, agents will check for evidence of complex needs or vulnerability or disability.

     
shawn
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SSAC’s report on the draft Universal Credit managed migration regs and the govt’s response have been published

https://www.gov.uk/government/publications/draft-universal-credit-managed-migration-regulations-2018-ssac-report-and-government-statement

     
JojoMitchell
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Disability Law Service, London

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What about people who have already had to claim UC due to a change of address and
lost the SDP? The regs imply that they will be compensated but does anyone know how that will work in reality?

Sorry just seen the other thread and myth buster. Trying to do this on my way to court. Apologies!

      [ Edited: 6 Nov 2018 at 11:02 am by JojoMitchell ]
Sarah-B
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Regs are blatantly unfair.  Only TP for SDP losers during natural migration and nobody else who has lost.  Only £80 per month flat rate rather than actual loss.
Ways in which TP ends are unfair.

DWP avoiding the fundamental question of why they and other Ministers said repeatedly that ‘no one would be worse off on UC’ when actually thousands of people are worse off on UC and they have no intention to compensate them.

     
stuart
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Letter from Esther McVey to SSAC published today says DWP will identify former SDP claimants who have naturally migrated to universal credit and make additional payments by Spring 2019 -

Once the regulations are passed by Parliament and come into force, we will identify those claimants who have moved to Universal Credit and who are potentially eligible for a payment. Eligible claimants will receive both a lump-sum payment to cover the period since they moved to Universal Credit and then an ongoing monthly payment. At a point to be decided, these monthly payments will be converted into transitional protection, becoming part of the overall Universal Credit award, and treated in the same way as other transitional protection payments. We are aiming to make these payments by spring 2019.

 

     
Vonny
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‘The monthly ‘SDP transitional payment’ rates reflect the extra financial support that has been provided through the more generous limited capability for work and work-related activity addition.’


Our new system is more generous and therefore we will make sure claimants of the old system less generous system don’t lose money

      [ Edited: 14 Nov 2018 at 11:05 am by Vonny ]
Daphne
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Amber Rudd has told Work and Pensions Committee that draft regs won’t be debated in Parliament until the New Year - https://www.theguardian.com/society/2018/dec/19/amber-rudd-warns-of-further-delays-to-universal-credit

     
bristol_1
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Apologies if this has been discussed before, (and appreciate these are only in Draft form) but what is people’s interpretation of the following bit of Regs:

1. No claim may be made for universal credit on or after 16th January 2019 by a single
claimant who, or joint claimants either of whom-
(a) is, or has been within the past month, entitled to an award of an existing benefit that includes a severe disability premium;
(b) in a case where the award ended during that month, has continued to satisfy the conditions for eligibility for a severe disability premium; and
(c) is not a notified person.

Does ‘entitled to an award of an existing benefit that includes a severe disability premium’ include someone who wasn’t being paid the premium but had an entitlement to it?

In this case I have a client who is on ESA-C with SC and PIP SRDL SRM. He moved in with partner who works so his ESAir had ended while he lived with her and ESA-C remained in payment.
He left in Oct 18 and was sofa-surfing until starting a new tenancy on 10 Dec 2018. He’s not claimed UC for rent yet and I don’t think he has got his ESAir back in payment yet. If no ESAir has been in payment could he come under the rules above as he would have been entitled to an SDP albeit was not being paid it?

     
ringleby
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Kirklees Benefits Advice Huddersfield

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Yes, get the IRESA back in payment and he should meet the gateway condition and be unable to claim UC from the 16th. Amber Rudd due to make a statement on the gateway condition today.

     
WRT Case Worker
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UC Migration: More confusion, or clarity, depends how you look at it.

https://www.disabilitynewsservice.com/rudd-has-not-delayed-roll-out-of-universal-credit-dwp-confirms/

     
shawn
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shawn
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shawn - 14 January 2019 07:09 PM

New draft managed migration regs out:

Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019

The new draft regs replace the draft Universal Credit (Managed Migration) Regulations 2018 (laid before Parliament on 5 November 2018) which have been withdrawn, and -

• introduce the process existing benefit claimants will follow when they are managed migrated to Universal Credit by the DWP;

• make provision that once 10,000 awards of Universal Credit have been made to persons to whom a managed migration notice has been issued, no further notices may be issued.

• allow for a transitional element to be considered, calculated, paid and administered to provide protection for existing benefit claimants who, upon managed migration, would have a lower entitlement to UC than their total existing benefit awards;

• introduce, from July 2019, Discretionary Hardship Payments that can be made to those who have gone through the managed migration process and appear to be in hardship as a result of the termination of their existing benefits or if any other issues related to managed migration have resulted in hardship.

• introduce, from July 2020, a two-week run-on of Income Support, income-based Jobseeker’s Allowance and income-related Employment and Support Allowance for those whose existing benefit awards have terminated as a result of their claim for Universal Credit.

• provide for a 12-month period when the Minimum Income Floor will not apply to self-employed claimants who are managed migrated and, from September 2020, also not apply to those who are naturally migrated in self employment and all those existing UC claimants who become new gainfully self-employed.

• make provision so claimants who are receiving an existing benefit and are also in education, are able to meet the UC entitlement conditions when they manage migrate to UC;

• introduce ‘transitional payments’ for those eligible claimants who were in receipt of the Severe Disability Premium (SDP) and have already moved to UC through natural migration by providing an ongoing monthly payment, the provision of an additional lump-sum payment to cover the period since they moved; and for converting this payment to become the transitional element so it can be administered and terminated in the same way.

http://www.legislation.gov.uk/ukdsi/2019/9780111178317