Disability element and condition G and Transitional protection on Universal Credit

The request was successful.

The DWP has already stated that once Universal Credit replaces WTC , that transitional protection will be in place for those who also get DLA, PIP or Attendance allowance at the lower rate and ergo for anyone who gets the severe disability element of WTC as they already get higher rates of PIP, DLA or Attendance Allowance.

However there are several thousands of claimants withing the 115 thousand total claimant who get the disability element of WTC who came from legacy benefits into WTC and they do NOT get PIP DLA nor AA but met the conditions to qualify for the disability element of WTC .

HMRC document TC956 explains which legacy benefits entitled someone to transition onto WTC with the disability element

These people who met the conditions for the disability element were split into qualifying criteria A B D E and F depending on what legacy benefit they came from when they made the WTC claim and are split into 2 groups called G and D.

These people need to work 16 hours a week and get an annual disability element of £3090 which is also disregarded by housing benefit.

The DWP has NOT mentioned this group of people at all in any of the current information regarding UC and transitional protection . None of the disability charities nor any of the welfare rights officers can answer this question as the DWP seems to have left this group out of all consideration.

Can someone at The DWP confirm whether this group has been considered for transitional protection once UC is fully rolled out or whether thousands stand to lose £3090 annually from their already low incomes because this group has been forgotten about?
thank you

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no-reply@dwp.ecase.co.uk on behalf of DWP Strategy Freedom of Information, Department for Work and Pensions

1 Attachment

Dear Tania Berlow,

I am writing in response to your request for information, received 8th
December.

Yours sincerely,

DWP Central FoI Team

J Roberts left an annotation ()

"Universal Credit: protecting claimants through the migration process"

http://lawcentreni.s3.amazonaws.com/WRG-...

“9. Unfortunately, such claimants are unaware that there is no need for them to claim Universal Credit at present; by making a claim prematurely, some claimants have lost up to 70% of their income."

It would seem that claimants appealing ESA decisions need to take great care. If they are receiving the LCW element, and they claim UC before their appeal is heard, even if their appeal is successful they will lose their transitional protection because:

“8. Once a person has made a valid claim for Universal Credit, it is not possible to withdraw the application or to return to legacy benefits."

Dear [email address] on behalf of DWP Strategy Freedom of Information,

Thank you for the clear answer.
I have asked every benefits adviser and benefits charity and no-one knew whether those on the disability element of WTC would get transitional protection if they did not also have PIP or DLA.

Yours sincerely,

Tania Berlow