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SDP transitional payment reduced by rent increases?
Hello
It seems that UC SDP payments are being rapidly reduced by rent increases. I have never known this in previous transitional protection cases, where it was personal applicable amounts only that cut the payment.
Is there any plans to launch a challenge against this, or is it likely to be totally legal within the regulations does anyone know?
This is correct application of the regulations. The SDP compo elements became subject to the erosion rules for transitional protection in October 2020. Any new element included in the UC award or increase in an existing element will result in a corresponding reduction to the SDP compo element. So if your HCE goes up by £10, your SDP compo goes down by £10 and your total benefit award is therefore the same. The same will be true in relation to transitional protection in managed migration. See reg 55 UC (TP) Regulations.
The operation of the SDP transitional protection has been challenged in various respects but I am not aware that it has been suggested that the erosion rules are unlawful.