Managed migration and SDP

Hypothetical situation but just wanted to check my understanding.

If claimant with SDP in legacy benefits naturally migrates to UC they will get SDP transitional element included.

The SDPTE rules are, as I understand it, irrelevant under managed migration. If claimant with SDP is managed migrated to UC they will just come under the managed rules that guarantees that their UC on day 1 is not less than on legacy benefits. The managed migration transitional element could therefore be less than the SDPTE would be under natural migration.

I know this will be unusual because the SDPTE amounts don’t in general fully compensate for loss of SDP so managed migration will be better but I can envisage situations when this would not be the case (typically if someone is missing some part of legacy entitlement due to a change of circumstances).

Is it correct that SDPTE rules are irrelevant for managed migration?

Yes that’s right: there is no SDP element where the UC claim is a “qualifying claim”, which means a claim made by a “notified person”.

I wondered whether it might be possible and advantageous in certain very rare cases to get an SDP element by not claiming UC within the managed migration deadline.  This would have to include the month following the deadline, because a claim made within that month will be backdated and qualify for a regular transitional element.  Meanwhile, the legacy benefit including an SDP will have run on for two weeks beyond deadline day: that creates a space of just over a fortnight in which to claim UC and still get an SDP element after you are clear of the managed migration window but still within the one-month SDP qualifying period.

But then I thought: maybe you are still a notified person even if you have missed the boat for a managed migration transitional element.  The definition of notified person simply says you have been notified ... which will always be the case.

HB Anorak - 15 November 2022 09:04 AM

But then I thought: maybe you are still a notified person even if you have missed the boat for a managed migration transitional element.  The definition of notified person simply says you have been notified ... which will always be the case.

“Qualifying claim” also requires that a claim was made before the final deadline.
Also, for Para 7 of Sch 2 to the UC (TP) Regs to apply, you also need the award to include a transitional element, which it wouldn’t in this case.

Yes of course, that’ll teach me to speed-read the first half of a regulation ... twice!

So the tactic of delaying the UC claim until the first fortnight after the expiry of the final deadline would result in a transitional SDP element in a case where that is the better buy.  Is there such a case?  I cannot think of one

Thanks both. Am aware that some legacy benefit claimants have still put off claiming UC even though it would be advantageous followed no a change and suddenly struck me that they could be worse off if they wait for managed migration.