Transitional Protection Query

Hi we have come across a case where a tenant who was on Carers Allowance and Income Support migrated over to UC and subsequently applied for and was awarded LCWRA. This has resulted in their transitional protection reducing by the LCWRA element amount and with the loss of the carers element they are now around £200 a month worse off. This seems incredibly unfair and we were wondering if there was anything we could advise the tenant to do?

The above is a case where the tenant applied for LCWRA themselves, however, we are also dealing with cases where people who were previously in receipt of Income Support are being sent UC50 forms by UC automatically (probably due to an underlying credits only claim) which may also result in them being worse off if awarded LCWRA as it increases their maximum UC amount.

If anyone has any suggestions as to what (if anything) can be done in these circumstances that would be great. Thanks

This is correct insofar as the regulations are written, however it is the subject of an ongoing UT appeal along similar lines to our case SSWP v JA [2024] UKUT 52 (AAC).

Your clients should seek MR/appeal any decisions to ‘erode’ their transitional protection in order to avoid (possible) issues with the anti-test case rule in the event that the UT appeal is successful.

Thanks for your help much appreciated