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You are not entitled to transitional protection
- jellybelly
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2 weeks 2 days ago #296234 by jellybelly
You are not entitled to transitional protection was created by jellybelly
I'm in receipt of ESA IR support group PIP higher rate both components. My son left college this year so had to migrate by 25/10.
Today I had my phone appointment to confirm my identity. I was told my first payment would be 27/11. I then had a message to read my journal. It said
You are not entitled to transitional protection
This is because you had a change of circumstances before you claimed Universal Credit:
You reported being single (not living with a partner) in your Universal Credit claim.
This is different to the circumstances reported to us by your previous tax credits or benefits.
If you were entitled to a Severe Disability Premium on Income Support, income-related Employment and Support Allowance (ESA), or income-related Jobseeker's Allowance at the time you claimed Universal Credit, you are entitled to transitional protection.
My ex partner still lives with me and he gets carers allowance for me but we are no longer a couple
Please can someone explain this to me
Today I had my phone appointment to confirm my identity. I was told my first payment would be 27/11. I then had a message to read my journal. It said
You are not entitled to transitional protection
This is because you had a change of circumstances before you claimed Universal Credit:
You reported being single (not living with a partner) in your Universal Credit claim.
This is different to the circumstances reported to us by your previous tax credits or benefits.
If you were entitled to a Severe Disability Premium on Income Support, income-related Employment and Support Allowance (ESA), or income-related Jobseeker's Allowance at the time you claimed Universal Credit, you are entitled to transitional protection.
My ex partner still lives with me and he gets carers allowance for me but we are no longer a couple
Please can someone explain this to me
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2 weeks 2 days ago #296237 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic You are not entitled to transitional protection
Hi jellybelly,
There are some exceptions to the rights to Transtional Protection as detailed here by Revenue Benefits:
"DWP must determine whether the transitional capital disregard and/or transitional element is to be included in a UC award before they make a decision on the qualifying UC claim (one which is made before the final deadline). However, DWP do not determine whether a transitional element is to be included to those who have been sent a migration notice and who were:
A couple for the purposes of tax credits (or other legacy benefits) when the migration notice was issued, but are single claimants or members of a different couple when they claim UC; or
A single claimant for the purposes of tax credits (or other legacy benefits) when the migration notice was issued, but are joint claimants when they claim UC; or
Members of a polygamous marriage for the purposes of an award of tax credits (or other legacy benefits) when the migration notice was issued but are single or joint claimants when they claim UC.
Note that these exceptions do not apply to the transitional capital disregard, only to the transitional element. The definition of a couple differs between tax credits and universal credit which means that it is possible for two people to be part of a couple for one benefit but not for the other. For example, in tax credits two people who are married or civil partners and who live in separate households are treated as a couple and required to make a joint claim. Under UC rules, as they don’t live in the same household they are not a couple and therefore required to make single claims."
revenuebenefits.org.uk/universal-credit/...sitional-protection/
I would phone the Help to Claim number on page 2 of your Migration Letter and ask if you are going to get the Transitional Protection. They have a tool that does an estimate of the TP.
David
There are some exceptions to the rights to Transtional Protection as detailed here by Revenue Benefits:
"DWP must determine whether the transitional capital disregard and/or transitional element is to be included in a UC award before they make a decision on the qualifying UC claim (one which is made before the final deadline). However, DWP do not determine whether a transitional element is to be included to those who have been sent a migration notice and who were:
A couple for the purposes of tax credits (or other legacy benefits) when the migration notice was issued, but are single claimants or members of a different couple when they claim UC; or
A single claimant for the purposes of tax credits (or other legacy benefits) when the migration notice was issued, but are joint claimants when they claim UC; or
Members of a polygamous marriage for the purposes of an award of tax credits (or other legacy benefits) when the migration notice was issued but are single or joint claimants when they claim UC.
Note that these exceptions do not apply to the transitional capital disregard, only to the transitional element. The definition of a couple differs between tax credits and universal credit which means that it is possible for two people to be part of a couple for one benefit but not for the other. For example, in tax credits two people who are married or civil partners and who live in separate households are treated as a couple and required to make a joint claim. Under UC rules, as they don’t live in the same household they are not a couple and therefore required to make single claims."
revenuebenefits.org.uk/universal-credit/...sitional-protection/
I would phone the Help to Claim number on page 2 of your Migration Letter and ask if you are going to get the Transitional Protection. They have a tool that does an estimate of the TP.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- jellybelly
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2 weeks 2 days ago #296252 by jellybelly
Replied by jellybelly on topic You are not entitled to transitional protection
Thank you for your reply. I will call them. I am more concerned about losing my support group position. I have been ill for many years and my health will not change or improve. The application also asked about children. I said I had one child at home. He is 18 and not in education or work. How does he affect my claim. Surely he is now dependant.
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2 weeks 2 days ago #296254 by jellybelly
Replied by jellybelly on topic You are not entitled to transitional protection
Will I be placed in the LCWRA because when I claimed I was in the support group or because I'm not entitled to transitional protection will I not. Its all so very confusing and stessfull.
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- David
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2 weeks 1 day ago #296256 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic You are not entitled to transitional protection
Hi jellybelly,
Your son is not a child for UC purposes as he is 18 and can make a UC claim for himself in his own right. Though he may still be a child for other government schemes such as Child Benefit.
You are exempt from Non Dependent Deductions ( termed Housing Cost Deductions in UC ) as you receive PIP.
David
Your son is not a child for UC purposes as he is 18 and can make a UC claim for himself in his own right. Though he may still be a child for other government schemes such as Child Benefit.
You are exempt from Non Dependent Deductions ( termed Housing Cost Deductions in UC ) as you receive PIP.
David
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2 weeks 1 day ago #296257 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic You are not entitled to transitional protection
Hi jellybelly,
Yes you should be automatically placed in the LCWRA group. It has nothing to do with Transitional Protection.
David
Yes you should be automatically placed in the LCWRA group. It has nothing to do with Transitional Protection.
David
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