ESA to UC Migration.

I need a little help with ESA to UC migration, this could be relatively simple or it could be very complicated.

I’ve have been claiming ESA since 2010 following a RTA which me and my wife were both involved in.

I am and always have been claiming contribution based ESA since 2010 which was originally contribution based as my wife continued to work. My claim continued and then my wife fell ill due to complications of the RTA. She then made a claim for ESA as she didn’t know how long she would remain off work, it later transpired she was to be let go from her employment due to medical reasons.

So we were claiming ESA from what we believe to be separate claims, I have always been on ESA Income related, and she is on ESA Contribution based.

However when you look at the financial breakdown of the claim I get paid the rate of a couple on my claim. Then I have a deduction on my claim which is the exact amount which is paid to my wife as part of her claim. So basically we get the rate of a couple both on ESA, both in the Support Group, we both get the SDP premium.

We have now received separately transition notices to claim UC with transitional protection:

Our question is do we both claim UC separately, or do we claim as a couple as we don’t want to lose transitional protection.

It’s a very bizarre situation which may have a simple solution.

I’m guessing we claim as a couple as I already get the couple rate on my claim.

I just want to do it properly first time round, we have until mid January to make the transition.

Thanks in advance for the help.