Transitional SDP question
Re: The Universal Credit (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1152), regs. 1(2), 3(8)
In the old Schedule 2 it stated:
1. Where it comes to the attention of the Secretary of State that—
(c)the award of universal credit has not since terminated (whether by a claimant ceasing to meet the conditions of entitlement to universal credit or becoming, or ceasing to be, a member of a couple);...
the Secretary of State must determine an additional amount of universal credit (“the transitional SDP amount”) which is to be payable in respect of each assessment period that precedes that determination and then for each subsequent assessment period that begins before the conversion day.
In the new Schedule 2 The Universal Credit (Transitional Provisions) (Claimants previously entitled to a severe disability premium) Amendment Regulations 2021 it doesn’t mention this.
Is it still the case that if the UC award terminated due to ceasing to be a member of a couple and the Secretary of State didn’t award TSDP as it wasn’t brought to his attention in time, no TSDP element can be awarded retrospectively?
Prior to the changes last month, the payments were provided to compensate those who had previously migrated to UC (either before the SDP gateway was introduced, or where SDP entitlement was backdated).
This meant initial entitlement to these payments was always “backward-looking”, and the government decided (for practical reasons) to only provide such payments if there was ongoing entitlement to the same UC award.
Now the SDP gateway has been abolished (an example of where well-meaning litigation has led to claimants being worse off!). The payments are therefore now intended to be provided as part of the initial award of UC where relevant. If it is missed off the initial award, it will require the regular revision/supersession rules to get it included. This is no different to if, say, the housing element was not originally included in an award.
Note that if a UC award began prior to 27th Jan, the old rules apply.
Thank you, Charles. That makes it clearer.