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Thread: SDP Transition Element - Shafted again.

  1. #1
    Senior Member nukecad's Avatar
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    SDP Transition Element - Shafted again.

    Here is a particularly nasty side-effect of the removal of the UC Covid uplift.

    If you had already had the SDP Transition Element in your UC then you wouldn't have actually have seen the extra £86.67/month uplift in your UC Standard Rate, that's because increasing the Standard Rate reduced the SDP-TE by the same amount.
    So for an existing UC claim with SDP-TE your overall UC payment stayed the same.

    But now that the uplift is being removed your SDP-TE will not be increased again to make up, it will stay at the reduced rate.

    That's because the Transition Element can be eroded (reduced) by any increase in the other UC elements that you are entitled to - but it is not increased by any reduction in the other UC elements that you are entitled to.
    There is nothing at all that allows a TE to be increased. (It could only be done by passing a new law, and that's unlikely).

    So in this instance the TP has been reduced by an increase in UC rates, but will not be increased again when those rates go down.

    So those who already had the SDP-TE in their UC will not have seen any extra money from the uplift; but they will see a £86.67/month reduction now that it's being removed from the Standard Rate of UC.

    It's the usual story if you had SDP before 'Naturally' migrating to UC - Heads you lose, Tails you lose.
    Last edited by nukecad; 24-09-21 at 19:14.
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  2. #2
    So would this be "another" court case against the DWp for the future? More wigging. If you never gaind from the uplift from the onset then, you should not loose your no claims bonus at the end!!! The mind boggles.

  3. #3
    Senior Member nukecad's Avatar
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    Unfortunately I can't see any legal grounds for a Judicial Review being brought for this, or that it could won if one was brought.

    Yes, we can all agree that it's unfair.

    But something being unfair is not sufficient to make it unlawful, so there is no legal challenge.

    Many things are unfair, especially when it comes to benefits, but to challenge it by Judicial Review it has to be unlawful.

    To try and explain it a bit further:

    The ESA/UC JR's the DWP have lost over the past years have been against benefit policies and legislation that were unlawful because they breached The Equalities Act 2010 and treated one group differently from another group with the same characteristics.
    (Note that Characteristics used in this sense has a legal meaning defined in EA 2010, it doesn't have the usual wider dictionary meaning).

    In the UC/Legacy Judicial Reviews that have been lost by the DWP recently that difference has been treating the group that have already Naturally Migrated to UC, without their LCW/LCWRA status changing, (ie. migrated to UC because of a change of address or a new child), differently to the way that the group still waiting to be Managed Migrated will be treated.
    Both groups have the same Limited Capability 'characteristics' so EA 2010 says that they should/must be treated the same, the only difference should be the timing of when they will migrate.

    That was the core argument about the loss of SDP when Naturally Migrated, treating those two groups differently was unlawful as the High Court rightly judged.
    The second, third, and fourth JR's on that case were on the same core grounds, the DWP were still trying treat them differently.
    And it's the same argument for the current JR on the uplift being excluded from Legacy IR ESA, IR JSA, & IS.
    Because those who had already naturally migrated from those legacy benefits were given the uplift then those who are waiting to be managed migrated should also have been given it.
    (It's not their fault that the DWP can't get things done on time, by the original migration timetable everyone should have been migrated by 2019 - long before Covid)

    As an aside, that is why if/when the current uplift JR is won the backdated uplift for Legacy will only be applied to IR ESA, IR JSA, & IS and not to CB only benefits - it only applies to those who are due to be Managed Migrated to UC and so have been treated differently to those already migrated.


    However this loss of TE due to the removal of the UC uplift, whilst definitely unfair, would not breach EA 2010 in the same way so is not unlawful in the same way.
    (There might be an EA challenge for loss of TE being indirect discrimination, but I don't see the High Court accepting it if brought, - although I could be wrong, if raised then the court may want to take a closer look).
    Last edited by nukecad; 26-09-21 at 15:53.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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