DWP plans for both managed move to UC and voluntary move to UC

Hi Panda

I don’t think being over 60 would make any difference. According to DWP guidance from May 2024 (https://www.whatdotheyknow.com/request/managed_migration_guidance_may_2#  07 Exclusions and Deferrals) those within six months of pension age have been excluded - but latest news from Rightsnet is those reaching pension age from 1 November will be in scope https://www.rightsnet.org.uk/welfare-rights/news/item/dwp-confirms-that-tax-credit-claimants-reaching-state-pension-age-on-or-after-1-november-2024-will-now-be-in-scope-to-be-invited-to-claim-universal-credit.
Others who have been deferred include claimants with a visual impairment, claimants with an appointee.
If they somehow don’t get a migration notice by the end of March 2025, and are still getting tax credits, the tax credits award would end on 5 April 2025 and cannot be renewed for 2025/26 under current legislation, so a subsequent UC claim would not qualify for transitional protection. It is more likely it will be picked up in October or January, but if still no migration notice then it would be in their interests to contact DWP before tax credits end.
Mark

Is it possible they may be flagged as visually impaired? Even if not?

Know of a number of cases where TC claimant getting large print award letter and may/may not also be logged with the additional support needs team.

Some people with processing issues use large print and TC may not be able to differentiate.
All large print is sent via Action for Blind People.
Those with visual impairment are currently excluded from managed migration

Just a thought….

Hi all, i have a client who received a MM notice with a deadline to claim by 12/09/24. On 09/09/24 she requested a deferral (actually they offered her one) on the basis of her having a visual impairment. She was advised that this would be deferred until such a date in the future that the support would be available to assist her in migrating. Yesterday morning she received a telephone call from somebody from UC who advised her that “due to changes in the legislation over the weekend” her deferral (deferment) has been “cancelled” & she now needs to claim UC by 10/10/24.

I think the main issues are as follows:

1 - what legislation are they referring to? I don’t think there was any changes to legislation over the weekend, and neither do my colleagues, so that misinformation is concerning in itself.

2. Deferments are discretionary & she falls within one of the categories of people who should be granted one.

3. If the deferment has been cancelled, i.e. in accordance with their move to support those who couldn’t originally migrate for these such reasons, then they would have to put in place the support to enable this to happen, as per their own policy rules, which would mean writing to her in the correct format & providing all the relevant materials & support with the required reasonable adjustments. They’ve already failed to do this by ringing her & informing her over the phone & not putting anything in writing. Furthermore they would need to pursue this by providing her with the appropriate support to assist her in migrating.

4. The date of the 10/10 given on the 25/09 - surely they would need to have provided her with another 1 month deadline date in the writing, in the correct format as would be required with a lawful MM notice?

I’m going to request another extension & my colleague has contacted our Partnership Manager about it. I just wanted to give people the heads up about these issues!

The DWP have said that they are stopping deferrals with a view to moving everyone on Tax Credits onto UC before April 2025. So it’s not necessarily wrong that she’s been told that she’ll need to claim UC.

There’s also reg 44 3A of the TP Regs which says -
“(3A) But where a migration notice is issued after cancellation of a previous migration notice or after cancellation of a tax credit closure notice the deadline day may be within such shorter period as the Secretary of State considers appropriate.”

So, it’s also not necessarily wrong that she hasn’t been given a new deadline in three months time. But those amending Regs were published in June not over the weekend!

However, absolutely she should be sent a new Migration Notice (in the appropriate format) informing her of her new Deadline Day. And my assumption would have been that until we get close to April any new deadline would have been three months away so that is worrying.

I assume when they said ‘change to legislation’, they meant ‘change to internal DWP policy’ which highlights how much misunderstanding there can be!

I’m hopeful that it’s such a ridiculous situation that the DWP recognise there mistake and send her a Migration Notice / letter with a reasonable deadline - but obviously the worry is they’ve made lots of these calls to people who won’t seek advice.

Thank you for this, it’s really useful - particularly that reg. I wasn’t aware of the discretionary reduced time limits.

I agree, it’s not necessarily wrong that she has to claim UC, it’s the way the process has been administered.

Thanks again!