Adjustment of TP and Regulation 62.

Reg 62 of The Universal Credit (Transitional Provisions) Regulations 2014 says DWP can adjust TP if a decision has been made on or after the migration day on an application made before migration day to revise or supersede a decision in relation to an award of an existing benefit (including the report of a change of circumstances), or an appeal in relation to such an application.

Disabled WTC client is awaiting the outcome of an application for Adult Disability Payment which may confer eligibility for Severe Disability element of WTC. Ahead of migration, should they request a supersession on their WTC award to include the element from the date of the ADP claim to ensure that their TP can be recalculated in the event of the qualifying level of benefit being awarded retrospectively?

It won’t be actioned as the qualifying benefit isn’t in place but does this have to be done anyway to protect the client’s right to have their TP increased after migration?

I did read that DWP has stated to CPAG that, despite what regulation 62 says, TP can be adjusted without a prior application for revision (see https://www.rightsnet.org.uk/forums/viewthread/19528/P75/) but as this contradicts the regulations, I do not want to rely on this and am wondering if anyone has any practical experience of doing this or thoughts on it.

The client’s WTC is due to end in a couple of months as he has had a stroke and it looks as if he will not be able to return to work so there’s only a small window to migrate with WTC in place.

No practical experience but it is something that we’ve thought a lot about! The DWP’s position is that they’ll go back and recalculate the TE if someone’s awarded a disability benefit that affects it. But as you say that’s not backed by the Regs. We’ve tried to ask the UC Engagement Team about it and whether they will amend the Regs to clarify their position and they’ve said that they can’t comment on interpretation of Regs and basically told us it isn’t an issue.

If we trust that everyone in the DWP will know their position is to recalculate it and will always do so, then there’s no need to worry. But, we think it’s probably sensible for claimants to request the supersession (in writing)  before claiming UC - just so if it has to go to appeal or anything they can point to that and have a good argument that Reg 62 applies. The DWP say it’s not necessary but better safe than sorry!

Thanks, Rachel. I’m thinking it’s better for me to potentially look foolish than jeopardise the client’s chances of having any TP re-calculated.