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Thread: Moving and SDP

  1. #1
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    Moving and SDP

    sorry I realise there is a similar thread already listed but I'm not really clear / sure about my set of circumstances.

    I have had problems with a anti social neighbour and got put back on the housing register, they contacted me recently to offer me a property in the next village and it is very nice, she also offered me another property (she is the manager for my current landlord and so knows what I have had to put up with with my neighbour). which is in the neighbouring district. I'm quite tempted by it as it's in the countryside and I know people in the area. I'm also as yet unclear if the 1st property is social or affordable housing which concerns me as I would prefer a secure tenancy not fixed term.

    I am in receipt of ESA (wrag) at the pre 2017 rate and PIP standard care so get SDP. I also get full housing benefit/council tax relief. I am worried about being forced onto universal credit. I'm assuming if I moved to the neighbouring district that I would indeed be forced to universal credit? I know there would be transitional protection but to be honest I would prefer to stick to my legacy benefits for the time being.

  2. #2
    Senior Member nukecad's Avatar
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    You will not have to claim UC when moving house, in fact you can't claim UC if you have SDP.

    If the new place is under the same local authority then it would just be a change of circumstances to your exisiting HB claim with no need for a new claim anyway.
    Housing memo A7/2018 clarifies this to councils, as explained in this post: https://www.youreable.com/forums/sho...l=1#post132744

    If it is in a different local authority then you would still be able to make a new claim for HB with them because you have SDP.
    (Although the council may tell you to claim UC and you may need to strongly point out that you have SDP so can't do that).
    This is clarified for councils in Housing memo A1/2019 https://www.gov.uk/government/public...-more-children which states:
    13. Therefore, if a claimant moves to a new local authority (LA) area but they are in receipt of SDP with their HB this change of circumstance will no longer trigger natural migration to UC and they will remain on legacy benefits. From 16 January 2019 this would be a new HB claim as long as the claimant remains entitled to SDP.
    Because you have the SDP you cannot currently by law make a valid claim for UC in any circumstances.
    If the DWP made a mistake and did allow a claim for UC then it would not be a valid claim and should be reversed, it can/does happen and there is a special DWP team for dealing with such cases and reinstating legacy benefits.

    (PS. That legal block on those with SDP claiming UC is due to end next January; however as the block was put in place to comply with a high court ruling they are going to have to extend it or they will be in contempt of court again).
    Last edited by nukecad; 25-10-20 at 13:29.
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  3. #3
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    Thanks nukecad

    That's really helpful and good to know. Atleast I can consider the other property.

    I had heard about ppl with SDP not being able to claim UC but wasn't sure if this was still the case.

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    The government recently said that those in the support group of universal credit or limited capability for work would be entitled to the SDP that people got who were on ESA. Is that for everyone on universal credit with a health condition that affects their ability to work or just for those who transferred from ESA with SDP but had their SDP dropped because it wasn't inline with UC rules at the time? Only asking as sometimes the government don't make things clear in their news articles because last month they stated as if it was everyone regardless if you were on ESA before.

    https://www.express.co.uk/finance/pe...l-credit-go-up

    Is it me that is not understanding this properly?
    Last edited by Phoenix20; 27-10-20 at 05:23.

  5. #5
    Senior Member nukecad's Avatar
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    I think that you are not understanding it properly. Not surprising because that article is poorly written, and is itself confused.

    I think that the reporter simply didn't understand themselves what they were writing about -
    Probably because of the governments/DWPs confusing and (deliberately) misleading press releases, and their confusing use of the terms 'Transitional Payment', and Transitional Element', - and also 'Transitional Protection' which refers to either of the first two.
    In particular MPs tend to use the three terms incorrectly and talk about the wrong thing.

    I'll see if I can explain it better than the Express does:

    UC is not increasing for those with LCW/LCWRA in UC.

    The change is only about those who had SDP with their legacy benefit but lost it when they 'Naturally Migrated' to UC.

    Following a high court ruling Natural Migration was blocked for those with SDP, and those who had already been Naturally Migrated and lost their SDP have been being paid a 'Transitional Payment' to help make up what they lost.

    That Transitional Payment was not as much as the SDP/EDP that had been lost, because it didn't take the EDP into account at all, and it has been being paid seperately to the UC payment.

    As part of the plans for future Managed Migration this 'Transitional Payment' is now being converted to a 'Transitional Element' and will be paid as a part of UC - so that it then comes under the same rules as the Transitional Protection that those who will be Managed Migrated sometime in the future will get.

    The quote in that article says it (my bolding):
    “The UC (Managed Migration Pilot and Miscellaneous Amendments) Regulations 2019 provide for the conversion of these transitional payments into transitional elements.

    “This means that payments will be made through the UC system rather than manually, and all transitional protection will be subject to the same rules.

    "I will be signing a determination setting the conversion day to 8 October 2020.”
    As far as I'm aware there will be no increase in overall income, it's just moving that separate 'Transitional Payment' to become a 'Transitional Element' and include it in the total UC payment.

    So although technically the UC payment is increased, the stand alone payment is lost and nobody gets any more money.
    Last edited by nukecad; 28-10-20 at 15:44.
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  6. #6
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    Thank you so much for this clarity Nukecad as I thought as much but just wanted to check.

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