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UC SDP - Transitional Element Reducing Over Time

MartinB
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Welfare Benefits Adviser, Client Services, Crisis (Edinburgh)

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Hello

Can I check that I have correctly understood how the SDP transitional element may reduce over time?  Reg 55 (UC (TP) Regs) says that from the second assessment period, the transitional amount is reduced by any increase in the other elements included your UC, except increases in the childcare element.

Am I correct in saying that the addition of housing costs (for example) to a UC claim that had a Transitional Element, would erode the transitional element, penny for penny (to zero, if housing costs are more than the transitional protection)?

Thanks

Martin

Daphne
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Yes that is correct - unless the housing costs should have been in place at the start of the UC claim but were just missed for some reason

Ianb
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Similarly increases in the amount of housing element payable, addition of a child element, carer element etc.

MartinB
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Thanks for the helpful replies.
I wanted to double check my understanding.

Martin

Ianb
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Just looking at the new Memo on this https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/955776/adm1-21.pdf

As we all know under legacy benefits if two people eligible for SDP got together they then got double SDP in their new joint benefit (which could produce some very generous benefit income). Compare that with this example in the Memo

“Caroline is entitled to ESA(IR) which includes the SDP. She is joined by her partner Miguel who is entitled to UC as a single claimant. His award includes the transitional SDP amount. Caroline and Miguel are treated as claiming UC as joint
claimants. As Miguel’s entitlement to the transitional SDP amount terminated with his UC award, and the couple do not meet the first condition, their UC award as joint claimants cannot include the transitional SDP element.”

Charles
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Yes. This leads to an interesting work-around: Miguel should end his UC claim from the end of the AP before he moves in with Caroline. They should then make a joint claim for UC after he moves in, and the first AP of the joint claim will begin the day after the single award ended (so no actual loss of benefit). They will then be entitled to a transitional SDP element at the lower rate.

Vonny
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https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/955786/admm7.pdf

Go to M7540, it is the reminder of what we once knew in the dim and distant past when managed migration had fully been completed in 2017 and we had never heard of coronavirus - transitional protection is always lost when a couple forms or splits

Ianb
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Vonny - 27 January 2021 02:30 PM

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/955786/admm7.pdf

Go to M7540, it is the reminder of what we once knew in the dim and distant past when managed migration had fully been completed in 2017 and we had never heard of coronavirus - transitional protection is always lost when a couple forms or splits

Am aware - I thought thought the example highlighted how very differently claimants are now being treated. Interesting work around from Charles, although in practice most claimants don’t know the rules and only find out what they could have done after the event (if ever).

Vonny
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Ianb - 27 January 2021 03:25 PM
Vonny - 27 January 2021 02:30 PM

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/955786/admm7.pdf

Go to M7540, it is the reminder of what we once knew in the dim and distant past when managed migration had fully been completed in 2017 and we had never heard of coronavirus - transitional protection is always lost when a couple forms or splits

Am aware - I thought thought the example highlighted how very differently claimants are now being treated. Interesting work around from Charles, although in practice most claimants don’t know the rules and only find out what they could have done after the event (if ever).

Treating claimants very differently created the sdp gateway and the transitional SDP element, should we be keeping an eye out for judicial review cases?

Daphne
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A couple of Spotlights in this FOI request on how agents check for eligibility for SDP transitional payment and a general overview which includes -

The ‘Check claimant eligibility for SDP transitional protection’ to-do automatically generates when either:
- the claimant is in receipt of DLA/PIP/AA
- an agent verifies that the claimant is in receipt of AFIP or CAA

If the claimant is not in receipt of any of the benefits mentioned above, they are not entitled to SDP transitional protection and the to-do will not generate.

Where possible, agents must complete the ‘Check claimant eligibility for SDP transitional protection’ to-do during the Initial Evidence Interview (IEI).If the to-do does not generate until after the IEI, agents must complete the to-do at the next appointment. If there are no further appointments booked within 7 days of the IEI, agents must book an ‘Other-Other’ 10 minute appointment to complete the to-do.

The to-do will ask agents to gather information about the claimant’s carer, if they have one.If the claimant does not have their carer’s details, agents must book a 10 minute ‘Other-Other’ appointment with the claimant to ensure the to-do is completed.Once the to-do has been completed, a ‘Verify carer element’ agent to-do automatically generates for the case manager.

Daphne
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Also a pdf provided via operational stakeholders of a flow chart to establish if transitional SDP element is payable

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