UC managed migration regs

Hi
We are drafting a response to the migration regs. I am struggling to understand why DWP have included Reg 48 section 2 a) and b). A cynical person might believe that they are there just to catch more people who will lose TP but there must be at least some reason they will be able to give to the courts when someone at a later date challenges it. What reason are they going to give why someone who has had their first claim closed by DWP but applies again still within the time limit should not be entitled to TP even if they have good reason for not completing their first claim? For those with the SDP in the legacy system we are talking about them potentially losing more than £10,000 over the next decade - this seems so disproportionate. Am I missing something obvious here?

Hi Sue - just looking at them myself for NAWRA response…

I can only agree with you - I don’t think you’re missing anything - it seems like it’s just there to catch people who don’t see the claim through properly the first time for one reason or another - which I believe can happen quite a lot!

Daphne - 23 July 2018 03:49 PM

Hi Sue - just looking at them myself for NAWRA response…

Hi Daphne - just on this theme, does NAWRA have any idea why the figure for the SDP compensation payment for single people has been set at £80?  My calcs suggest it should be more like £180 but perhaps there is some logic I am missing? (Feel free to DM me instead if you’d rather…)

I’m still looking at it Elliot - at the moment I’m just putting together a survey for the NAWRA membership to put their views in which I’ll then collate.

On the figures - it doesn’t seem to make sense - just another thing for us to raise in the response I think as others are doing - https://www.rightsnet.org.uk/forums/viewthread/13023/#61197

Hi Elliot
We assumed at first that it was just a mistake - that a ‘1’ had been missed – however we now gather that it is not a mistake – they justify it by talking about the EDP but even excluding that,  £80 falls £35 short of the compensation they need.
I think what they have actually done is work out what those in the LCWRA group (being the more expensive group to compensate and also being the group it is easiest to confuse the argument about with talk of the EDP) need as a top up so they don’t receive less than those in LCW group.

Those in the LCW group will receive £126 a month (LCW) plus a TE of £280 if they have lost the SDP on moving to UC. That will give them a total amount (additional to their standard living costs and housing costs) of £406 a month.

Those in the LCWRA group who have lost the SDP on moving to UC will receive £328 a month (LCWRA) plus a TE of £80 – a total of £408 a month.
I do hope that as many as possible will respond to SSAC about this –those who live in areas not yet in ‘full service’ areas will get full transitional protection (as long as they avoid the various traps). It is a relatively small extra cost to cover claimants like ours who have already lost the SDP because we have been in a ‘full service’ ‘test and learn’ area for 2 years.