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welfare rights
A complex move to universal credit

Universal credit is troublesome when it comes to people with compensation is available for the loss of
disabilities, especially when they are moving from previous, the enhanced disability premium available
in legacy benefits.
more generous benefits. Charlie Callanan explains Law firm Leigh Day is involved in a legal
case to make the government award
compensation that covers the total loss to
niversal credit has several faults people with disabilities who had to move
and failings, as many advice to universal credit and were significantly
Uworkers know. One fundamental worse off as a result.
problem is the relatively low amounts A different compensation, called
it awards. “transitional protection”, will be paid on
For a lot of people, universal credit is top of the regular award to all claimants
less generous than the previous system of who are moved from legacy benefits to
older benefits, known as legacy benefits. universal credit through “managed
This disproportionately affects people migration”. This is so they are no worse off
with disabilities because all the disability- than at the time that they are migrated.
related premiums available in legacy Most people who are claiming universal
benefits have not been replicated in credit now are new claimants or those
universal credit. who previously claimed legacy benefits
However, following successful legal and had a change of circumstances, which
challenges over the amounts of universal The new benefit and changes to it are far from meant they had to claim universal credit
credit payable to disabled people, the the simpler system the government promised via natural migration. No transitional
government has been forced to take protection is available to these people.
certain steps. credit. The claimant must continue to At present, the only managed migration
These steps include the introduction of meet the underlying conditions for the is taking place through a pilot in Harrogate,
laws that: SDP to qualify. which is due to be completed at the end
● ●Temporarily prevent “severely disabled” As the idea is to assist people who are of this year. No one outside Harrogate will
people from claiming universal credit worse off as they have lost the SDP, these be put through the managed migration
(this is called the “severe disability compensation payments are not available process until the pilot is extended to
premium (SDP) gateway”) to those who start to meet the SDP other parts of the UK, although it is not
● ●Allow for compensatory transitional eligibility criteria only after they have known when that will happen.
payments to be made to some disabled migrated to universal credit. However, if
people who had to claim universal they met the entitlement criteria before
credit in the past and lost out financially moving to universal credit but for some “ No compensation
as a result. reason were not paid the SDP, they could is available for the
The SDP gateway was introduced in be entitled to the transitional payments.
January 2019. It stops any person who The SDP is worth £65.85 a week for a loss of the enhanced
is getting a legacy benefit that includes single person and £131.70 a week for a disability premium “
an SDP from being able to claim couple where both partners are eligible.
universal credit, regardless of any other The monthly transitional payments do not
circumstances. This gateway is in place work to replicate the exact amount that The government has said it plans for all
until at least January 2021. disabled people were getting under legacy claimants to have moved fully to universal
If the claimant’s circumstances change benefits. Transitional payments are paid credit, through both natural and managed
so that they are no longer entitled to an at three different rates of £120, £285 and migration, by September 2024.
SDP, the gateway will no longer apply. £405 per month. Universal credit and changes to it
Claimants who were getting a legacy The rate paid depends on whether a continue to be complex and far from a
benefit that included an SDP but lost this claim is for a single person or a couple, simplification of the benefits system as
because they were “naturally migrated” and whether the claimant is in the limited trumpeted by the government. The need
to universal credit before the gateway capability for work and work-related for people with learning disabilities and the
was introduced (for example if they activity (LCWRA) group. For example, professionals who support them to seek
moved to a rented home in a local where a universal credit claimant has advice from an experienced advice worker
Seán Kelly/www.seankellyphotos.com amount. their universal credit award because of a Charlie Callanan is an adviser and writer
been found to have LCWRA, and therefore where necessary is as crucial as ever. n
authority area different from where they
already receives an additional amount in
had been living) can get a transitional SDP
health condition, they get only £120 extra
on welfare rights
Transitional payments
per month.
More information
Transitional payments comprise an
Disability Rights Campaign. Compensation for loss
Compensation
ongoing monthly payment and an
of severe disability premium through claiming
additional lump sum to cover the period
universal credit. https://tinyurl.com/seq9byl
covering the loss of the SDP, no
since the claimant moved to universal
www.cl-initiatives.co.uk In addition to existing payments not Community Living Vol 33 No 3 | Spring 2020 7