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welfare rights
Pitfalls of shift to universal credit

The final transfer of claimants to universal credit is getting addition, certain changes in the claimant’s
under way. Charlie Callanan looks at how best to manage the circumstances will mean transitional
protection is eroded or lost completely.
move and not lose out And there will be disabled people who
miss the protection entirely, as it applies
only to claims made via managed
fter false starts and long delays, the migration. So, if a disabled claimant is
government is now pushing ahead forced to migrate because of a change of
Ato transfer all existing claimants of circumstances or chooses to move, they
older means-tested benefits onto universal will not get the top-up.
credit. The Department for Work and Without walking a client through a full
Pensions (DWP) resumed the managed check, it is difficult to predict for sure
migration process to achieve this in May. whether they will be better or worse off
Claimants of working age who are under universal credit.
getting one or more of these “legacy Certain circumstances can, however,
benefits” (such as income-related indicate a potential increase to or loss
employment and support allowance and of income.
housing benefit) will at some point be told Claimants who could be better off
these will stop, and that they must claim claiming universal credit include:
universal credit. Disability premiums in legacy benefits are not l ESA support group claimants who are
They will be sent a letter advising them replicated in universal credit not getting the severe disability premium
that they must start the process to claim l In-work households receiving housing
the benefit within three months. The first helping them check if migration benefit only or working tax credit and
government’s aim is to complete the would leave them better or worse off. housing benefit; they are likely to have
migration of all affected claimants by A government minister has even said higher entitlements as universal credit
December 2024. that the Help to Claim scheme – is withdrawn less quickly as earnings
Claimants could go through managed or dedicated to assisting people with rise than legacy benefits
natural migration. The latter refers to universal credit applications – cannot be l People who do not work enough hours
when a change of circumstances forces used to first advise claimants whether to receive working tax credit as
someone to claim universal credit. For they should claim the benefit or not. universal credit may be paid on top of
example, if a claimant moves to a rental Given that Help to Claim is run by wages, regardless of hours worked.
property in a different local authority Citizens Advice, the largest provider of Types of claimant who might see a
area, they would not be able to make a independent advice services across the lower entitlement include:
new claim for housing benefit but would UK, the minister’s approach may indicate l People getting ESA that includes the
have to claim universal credit instead to a “get it done” rather than a “get it right” severe disability premium and/or
get help with housing costs. approach to universal credit migration. enhanced disability premium
Of the remaining 2.6 million people on l Households with the lower disabled
legacy benefits, nearly half are receiving child addition in legacy benefits
The minister’s approach may employment and support allowance l Self-employed people who are subject
indicate a ‘get it done’ rather (ESA). By implication, a large proportion of to the minimum income floor, once the
those who have to be transferred to
12-month grace period that allows for
than a ‘get it right’ approach universal credit will have a disability. lower earnings during a start-up period
to universal credit migration In the longer term, many of them will has ended.
be worse off, mainly because the disability There are a number of factors and
premiums in legacy benefits are not issues at play in whether a client is better
replicated in universal credit. off waiting for their universal credit
Better or worse off? migration letter from DWP or applying for
Professionals working with clients claiming Protection – for the short term the benefit before then. Once a claimant
means-tested benefits need to be aware There is transitional protection intended leaves legacy benefits, they will be unable
of the potential risks of “voluntary to make up for this loss at least in the to return to them.
As so often is said in these pages, they
migration”, where some claimants may short term. This means claimants should seek advice from an experienced
receiving a disability premium get a
choose to claim universal credit in the
Seán Kelly/www.seankellyphotos.com “modelled estimates” suggest that around transfer to universal credit is as much as any final decision. n
welfare benefits adviser before making
top-up of normal benefit rates to ensure
belief that they will be better off.
Indeed, the DWP has said that its
that the amount they get when they
More information
their former entitlement.
1.4 million households could be better off
Disability Rights UK. Should I stay or should I
Although this protection is welcome,
by migrating immediately.
However, advice workers are worried
go? Get independent advice before you claim
the level of transitional protection will not
that DWP staff are encouraging customers
to move onto universal credit, without
com/7kfzvuwx
so its value will diminish over time. In
Community Living Vol 35 No 4 | Summer 2022 7
www.cl-initiatives.co.uk be uprated (unlike general benefit rates), universal credit. 2022. https://tinyurl.