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ESA + EDP claimant.
Hello,
I’ve confused myself with the migration rules.
A client is moving from live service (gateway) area to full service UC area currently receives ESA + Enhanced Disability Premium (~£127.15pw). No HB.
After moving:
(1) does he remain on legacy and apply for HB because managed migration has not started here? OR
(2) does he apply for UC and receive HB + Transitional Protection/ LCWRA?
Apologies if this has been answered already. As I said, I confused myself with this.
Thanks
my understanding is:
he has to claim uc. he can transfer his LCFW/LCFWRA into the uc claim. if he loses out financially due to this then then nothing currently happens as the regs to deal with this and the response to the recent legal challenges have not yet been finalised (though we have draft regs).
my understanding is:
he has to claim uc. he can transfer his LCFW/LCFWRA into the uc claim. if he loses out financially due to this then then nothing currently happens as the regs to deal with this and the response to the recent legal challenges have not yet been finalised (though we have draft regs).
As I understand it, the draft regs only cover severe disability premiums and not the enhanced disability premium.
my understanding is:
he has to claim uc. he can transfer his LCFW/LCFWRA into the uc claim. if he loses out financially due to this then then nothing currently happens as the regs to deal with this and the response to the recent legal challenges have not yet been finalised (though we have draft regs).
As I understand it, the draft regs only cover severe disability premiums and not the enhanced disability premium.
i think thats right. i remember a fairly detailed debate on this in another thread on the issue but on a practical basis i think your client just loses out (at the moment).
Doesn’t lose out by claiming UC according to my arithmetic: UC LCWRA > Support Component + EDP. Only practical issue might be that LCWRA doesn’t carry over to UC as efficiently as it ought to. But once everything beds in he should be up about £20 a week.
[ Edited: 24 Sep 2018 at 10:29 pm by HB Anorak ]As above, it’s just a normal case. The EDP doesn’t change anything (and wouldn’t under the current version of the managed migration regs). Either he can stick with what he has (ESA only) or claim UC.
EDP has effectively been lumped into the increased LCWRA element under UC. All being equal, someone who is assessed as LCWRA and so currently gets the support component and the EDP will get an increase in benefit under UC - but someone who is either assessment phase or WRAG and gets EDP for some other reason will lose out.
Thank you, HB & Elliot!
To confirm, we could quote UC TP reg 19 to ensure a smooth(ish) transition?
Yes quote reg 19 and, if they start asking for fit notes and trying to send for a WCA, escalate!
… escalate!
on it!
*cracks knuckles* :)
Reg 63 of Draft UC TP says SDP claimants need not apply for UC at all.
Does that mean my client can stay on legacy benefits until he is migrated over? Or does it not apply because (1) refers to SDP and (20 is still a draft?
Reg 63 of Draft UC TP says SDP claimants need not apply for UC at all.
Does that mean my client can stay on legacy benefits until he is migrated over? Or does it not apply because (1) refers to SDP and (20 is still a draft?
They can only claim legacy benefits after the draft regulations become real and enter into force. Until then they have to claim UC (unless they can manage without UC) and should later on be able to rely on the proposed provision that is supposed to compensate for the loss of SDP in UC. [At least that is my understanding]
[ Edited: 27 Sep 2018 at 02:50 pm by Jeremy Barker ]Reg 63 of Draft UC TP says SDP claimants need not apply for UC at all.
Does that mean my client can stay on legacy benefits until he is migrated over? Or does it not apply because (1) refers to SDP and (2) is still a draft?
Both (1) and (2).