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UC migration rent increase difficulty
- HWstockport benefits
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3 days 20 hours ago #305577 by HWstockport benefits
Replied by HWstockport benefits on topic UC migration rent increase difficulty
Thanks very much David- will do and will report back , kind regards,
Rachel
Rachel
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3 days 1 hour ago #305616 by HWstockport benefits
Replied by HWstockport benefits on topic UC migration rent increase difficulty
Hi David, sorry to ask another question but can I just check? I understand the point you made about there being some exception where a rent increase occurs during the first assessment period. I have another member I’m supporting whose rent increased on 7 April 2025 when their managed migration claim was made on 28 March 2025, so the increase applied within the first monthly assessment period – they have the same issue as the other person, where in real terms although they are receiving TP (after an initial failure to apply it and a complaint this it has been corrected) in real terms it has gone down by the amount of their rent because of the way the deductions work. Are you saying that I should challenge this given that the increase occurred during the first assessment period? If so could you kindly point me to the relevant regulations? Sincere apologies if I have misunderstood and no doubt you will clarify. Thanks very much in anticipation. Kind regards, Rachel
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3 days 1 hour ago #305620 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic UC migration rent increase difficulty
Hi HWstockport benefits
The following section of the Universal Credit Transitional Protection regs 2014 is what you need to present to the UC DM/Case Manager--
[F1 The transitional element – initial amount and adjustment where other elements increase
55.—(1) The initial amount of the transitional element is—
(a)if the indicative UC amount is greater than nil, the amount by which the total legacy amount exceeds the indicative UC amount; or
(b)if the indicative UC amount is nil, the total legacy amount plus any amount by which the income which fell to be deducted in accordance with section 8(3) of the Act exceeded the maximum amount.
(2) The amount of the transitional element to be included in the calculation of an award is—
(a)for the first assessment period, the initial amount;
(b)for the second assessment period, the initial amount reduced by the sum of any relevant increases in that assessment period;
(c)for the third and each subsequent assessment period, the amount that was included for the previous assessment period reduced by the sum of any relevant increases (as in sub-paragraph (b)).
David
The following section of the Universal Credit Transitional Protection regs 2014 is what you need to present to the UC DM/Case Manager--
[F1 The transitional element – initial amount and adjustment where other elements increase
55.—(1) The initial amount of the transitional element is—
(a)if the indicative UC amount is greater than nil, the amount by which the total legacy amount exceeds the indicative UC amount; or
(b)if the indicative UC amount is nil, the total legacy amount plus any amount by which the income which fell to be deducted in accordance with section 8(3) of the Act exceeded the maximum amount.
(2) The amount of the transitional element to be included in the calculation of an award is—
(a)for the first assessment period, the initial amount;
(b)for the second assessment period, the initial amount reduced by the sum of any relevant increases in that assessment period;
(c)for the third and each subsequent assessment period, the amount that was included for the previous assessment period reduced by the sum of any relevant increases (as in sub-paragraph (b)).
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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