IMPORTANT: If you claim UC before receiving your Migration Notice and are worse off on UC, you will miss out on any Transitional Protection you would have been entitled to.
When it is your turn to make the move onto Universal Credit through the Managed Migration process you (and your partner, if you are in a couple) will be sent a Migration Notice.
This is a letter that will explain that your legacy benefits are coming to an end and if you want to continue to receive financial support, you will need to make a claim for Universal Credit.
It will say something like “You must claim Universal Credit by a certain date to keep receiving financial support.”
This date – called your ‘deadline day’ – is normally three months and a day after your Notice was issued.
You will know if the letter is a managed migration if it has this statement in it: ‘This is a migration notice issued under regulation 44 of the Universal Credit (Transitional Provisions) Regulations 2014‘.
Daniel has been claiming Working Tax Credit and Housing Benefit as a disabled worker. On 6th June he receives a letter from the DWP – his Migration Notice – informing him that his legacy benefits are due to end and inviting him to make a claim for Universal Credit instead. The letter states that he has up to 6th September – his ‘deadline day’ – to make that claim.
IMPORTANT: Couples – both members of a couple will need to make a separate claim for Universal Credit (and have them joined by a partner code).
Your ‘Deadline Day’ is Important
If you don’t make a claim for Universal Credit by your ‘deadline day’ (and haven’t had an extension – see below), then your legacy benefits will end. Any Tax Credits will end on the day before your ‘deadline day’ (even if you continue to meet the conditions of entitlement to Tax Credits), all other legacy benefits end 2 weeks later.
So it is important that you make a successful claim for Universal Credit before your ‘deadline day ‘- but timing of that claim can be important (see Is there a best time to claim? for more information).
Tariq has been claiming Income Support, Child Tax Credit and Housing Benefit. He receives a Migration Notice on 10th May, telling him that these are coming to an end and advising him to make a claim for Universal Credit. The letter gives him until 10th August – his ‘deadline day’ to claim Universal Credit. After speaking to a Benefits Adviser he decides it works best for him to make his claim for Universal Credit on 2nd July. This brings his Child Tax Credit to an end from 1st July, and his Income Support and HB two weeks later.
Elizabeth and Leon have been claiming Tax Credits and Housing Benefit to top up their earnings and help pay for childcare. They receive a notification – their Migration Notice – on 13th July that their Tax Credits will be brought to an end on 13th October (their ‘deadline day’) and inviting them to claim Universal Credit. They miss this deadline, and their Tax Credits are brought to an end on 12th October, and HB two weeks later. They receive a termination letter and this explains that if they make a claim for UC by 11tn November then this will be backdated and there will be no gap on their benefit entitlement.
IMPORTANT: If you are entitled to any Transitional Protection, then you must make sure that your first claim for Universal Credit is successful. This means you must: verify your ID, attend your New Claim Interview, agree your Claimant Commitment, provide any extra information and evidence the DWP require – and all within the time limits given (and so must your partner if you are in a couple). If your claim is ‘closed’ then you will not be entitled to any Transitional Protection.
Need more time?
If you are going to be unable to make your claim for Universal Credit by the date in the letter – your ‘deadline day’ (or you need more time to get advice, or to get the documentation, evidence or information needed to make a successful claim), you can ask the DWP for an extension to this deadline. Call the DWP Migration Notice helpline: 0800 169 0328.
Extensions can only be given before your ‘deadline’ day, if that has passed then an extension cannot be applied.
Where the DWP agree to extend the time limit, then you should be notified of your new ‘deadline day’.
Ghita received her Migration Notice’ on 10th August- informing her that her Tax Credits were due to end and inviting her to make a claim for Universal Credit instead. She wasn’t able to make the claim by her ‘deadline day’ – 10th November – as she had a massive heart attack and ended up in hospital. Her daughter arranged with the DWP an extension of the period given for her to make her claim and so she was issued with a ‘new deadline day’ – being 8th December. Ghita makes her claim for UC on 5th December and so her Tax Credits end from 4th December and her Universal Credit starts on 5th December.
What if I miss my ‘deadline day’?
If you miss your ‘deadline day’ then you have a further month within which to make a claim for Universal Credit – your ‘final deadline day’. As long as you make a claim for Universal Credit by your ‘final deadline day’ then your Universal Credit award will start from the day after your Tax Credits came to an end and you will receive any Transitional Protection you are entitled to.
(See Transitional Protection for information)
Joy received her Migration Notice on 7th December – informing her that her Income-Related ESA and HB were due to end and inviting her to make a claim for Universal Credit instead. She didn’t fully understand what she needed to do and failed to claim by her ‘deadline day’ – 8th March. Her Income-Related ESA and HB brought to an end from 22nd March. She spoke to a Benefits Adviser who explained that she needed to make a claim for Universal Credit as she has received a Migration Notice – and that if she made that by her ‘final deadline day’ (7th April) – then there would be no gap between her Universal Credit award starting and her Income-Related ESA and HB ending and she would receive any Transitional Protection she was entitled to.
What if I miss my ‘final deadline day’?
If you haven’t made a claim for Universal Credit by your ‘final deadline’ (i.e. within a month of their ‘deadline day’) then your legacy benefits will have already ended.
If you go on to claim Universal Credit then that claim will start from the date you submit the claim so there will be a gap between your legacy benefits ending and Universal Credit starting, and you will not be entitled to any Transitional Protection.
(See Transitional Protection for information)
You can request that your claim for Universal Credit be backdated – but the DWP will only agree to do this is specific situations.
Lan had been claiming Tax Credits and Housing Benefit when she received her Migration Notice informing her that her legacy benefits were due to end and inviting her to make a claim for Universal Credit instead. She didn’t make the claim for Universal Credit by her ‘deadline day’ – 5th December – and so her Tax Credits stopped on 4th December, and HB two weeks later. Lan did go on to make a claim for Universal Credit but not until 21st January (after her ‘final deadline’) and so her Universal Credit claim was dated 21st January and there was a gap in her benefit entitlement.