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Forum Home  →  Discussion  →  Universal credit migration  →  Thread

Income support and child reaching 5

CMILKCAB
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Benefits advisor, NHS Project - Castlemilk CAB, Glasgow

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Have client on IS as a lone parent. She has PIP @SRDL so gets the DP and SDP as part of her Income Support payment.

Child reaches age 5 in April. Advised by DWP she will have to claim UC.  Couple of questions;

Is this classed as a “migration” and her payments safeguarded or will, as I suspect, this be seen as a new claim and her payment significantly reduced?

Client not sure if she also qualifies for IS on disability grounds (and therefore retain entitlement). She has no recollection if she ever used to submit sick lines. Would the DWP have checked this out prior to advising her that her IS stops when child reaches 5?

Any advice greatly appreciated.

Dwp also advising her that she can claim UC now and get the two week run in.

[ Edited: 13 Jan 2022 at 02:13 pm by CMILKCAB ]
Ianb
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Macmillan benefits team, Citizens Advice Bristol

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It’s natural migration, not managed migration so transitional protection does not apply (other than to the SDP).

They can report a health condition as part of the claim which will start a WCA. However if they are then found to have LCWRA the LCWRA element will be deducted from the SDPTE element so the element disappears.

Are they also getting Tax Credits?

[ Edited: 13 Jan 2022 at 04:24 pm by Ianb ]
CMILKCAB
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Benefits advisor, NHS Project - Castlemilk CAB, Glasgow

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Ianb - 13 January 2022 04:15 PM

It’s natural migration, not managed migration so transitional protection does not apply (other than to the SDP).

They can report a health condition as part of the claim which will start a WCA. However if they are then found to have LCWRA the LCWRA element will be deducted from the SDPTE element so the element disappears.

Are they also getting Tax Credits?

Yes she gets child tax credits.

Ianb
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Macmillan benefits team, Citizens Advice Bristol

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Was curious to see how a claimant in this situation fairs.

II they have no other income they currently get £177.10 IS and £54.60 Tax Credits = £231.70

When they claim UC they get SDPTE £285 added to the standard and child elements making total UC of £846.92/month or £195.44/week a loss of £36.25.

If they later get LCWRA the UC becomes £905.55/month or £208.97/week and they are still worse off by £22.73.

Not great news.

I’ve ignored any HB/UC housing element on assumption they will be same (even though I know that isn’t always the case) and assumed child has no disabilities.

The SRDL PIP isn’t, as far as I am aware, a vehicle for staying on IS.

Jon (CHDCA)
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Welfare benefits - Craven CAB, North Yorkshire

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It’s the enhanced rate PIP of DL that can give IS entitlement, in certain circs. See this amendment to the IS regs:
https://www.legislation.gov.uk/uksi/2017/1187/regulation/2/made

Being a carer might be the only route to staying on IS?

CMILKCAB
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Benefits advisor, NHS Project - Castlemilk CAB, Glasgow

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Many thanks Ianb and Jon for replies.

Just highlights yet another family receiving savage cut in their income.