Change of Circumstances Triggering Forced UC Application

Hi

A month ago, my daughter's tenancy with Southwark Council was changed from temporary to permanent in the same flat and she was delighted. However, the housing department then informed her it was stopping her housing and council tax benefits because of her change of circumstances and she would have to apply for Universal Credit to meet her housing costs. I spoke to my local council housing department who said they didn't consider that was a change of circumstances because she has stayed in the same flat and they would merely update the information on their computers and she would continue getting housing and council tax benefits.

My daughter is on contribution based ESA and basic daily PIP. I thought I read on the Benefits and Work website that if someone was on contribution based ESA they didn't have to undertake a 'natural migration' but could wait until they receive a migration letter and go through a 'managed migration' with transitional protection of their legacy benefits. If she is forced to apply for UC now, she risks losing her legacy benefits.

Last week she contacted the national CAB chat line and someone rang her back who said that the Council had got it wrong and she didn't have to apply for UC but they referred her to her local CAB who got back to her this morning and told her they couldn't find any national guidelines advising that was the case. As far as they could see, she had no choice but to apply for UC now. The national CAB man also told my daughter that the DWP should have increased her ESA once she was awarded PIP and she wonders if that was correct.

Does anyone here have any advice to give that would help my very stressed daughter? She has spent many hours trying to get through to the DWP without success and now has only 2 days left to apply for UC within the 4 weeks' deadline.

Thank you.
Fiona

Thank you for your help. Following the information you and the moderator gave me, which was reinforced by the phone call my daughter had with the DWP late yesterday, I approached Southwark housing again and I have just had an email which says they are reinstating my daughter's Housing Benefit. We wonder how many other people have opted to apply for Universal Credit in this situation and lost their legacy benefits as a consequence. Clearer guidance for housing departments is obviously required. I am grateful to the temporary housing team at Southwark for accepting an error has been made and taking swift action to rectify it. I am also very grateful to the Benefits and Work website and moderators for being there!

Not necessarily, whether you lose transitional protection, depends upon whether you're in receipt of severe disability premium.