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Managed migration: Draft regs out for consultation

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HB Anorak
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benefits consultant/trainer, hbanorak.co.uk, east london

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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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Caseworker - Laura Pidcock MP

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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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Welfare Rights Adviser, Social Inclusion Unit, Swansea

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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 ]