Migration to UC while PIP wrongly stopped

I have a client whom I have just helped regain PIP daily living on appeal.

She’s just told me that while the appeal was pending, she lost income support, as her son turned 5, and has been made to claim UC. I haven’t yet established whether she had an SDP in payment in the income support but if not she would appear to have qualified for it.

Should she be looking to challenge the move to UC and to claim ESA as a person exempt due to having an SDP, albeit that it took an appeal to establish this?

If your client wants an income, then she will need to claim Universal Credit whether she was entitled to the SDP or not.

The situation might be different when the draft Universal Credit (Transitional Provisions) (Managed Migration) Amendment Regulations 2018 are enacted which is expected to be in the autumn.