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. If you’ve received a booklet about Managed Migration – this is not your Migration Notice.
There are different types of Transitional Protection as outlined below.
To qualify for one (or more) of these protections you must make your claim for Universal Credit after receiving a Migration Notice and before your final deadline (see Received a Migration Notice for more information).
Transitional Element
The Transitional Element is paid to claimants who –
- receive a Migration Notice
- claim Universal Credit by their deadline
- do not become a couple / separate between receiving their Migration Notice and claiming Universal Credit
- would be worse off on Universal Credit than they were on their ‘legacy’ benefits.
It ensures that these claimants are not made immediately worse off by the move to Universal Credit.
The DWP will compare your total ‘legacy’ benefit award with the amount of Universal Credit you would be entitled to based on the same set of circumstances.
If this ‘indicative’ Universal Credit amount is lower than your total ‘legacy benefit’ award or nil, then the DWP will include a Transitional Element in your first Universal Credit award.
This Transitional Element will continue to be included in future assessments. But certain changes can reduce it, or end it altogether.
If you are worried that you may be worse off on Universal Credit, speak to a Benefits Adviser before you claim.
They can work out whether you will be entitled to a Transitional Element, whether there is a best time for you to claim and provide advice about how it might be reduced or lost altogether.
Transitional Capital Disregard
This allows some people to qualify for Universal Credit who wouldn’t otherwise be eligible.
Normally people with over £16,000 in savings/capital are unable to receive Universal Credit.
However, special rules apply to Tax Credit claimants who have received a Migration Notice.
As long as they make a successful claim for Universal Credit by their final deadline day, then they can have any savings/capital above £16,000 ignored for up to 12 months.
(To find out more about deadlines, see Received a Migration Notice).
Student Exemption
This allows some full time students to qualify for Universal Credit who wouldn’t otherwise be eligible.
Specifically, it allows students in full time advanced education, who would normally be excluded from claiming Universal Credit to receive it.
They must make a successful claim for Universal Credit after receiving their Migration Notice and before their final deadline day.
(To find out more about deadlines, see Received a Migration Notice).
IMPORTANT: Certain changes in your circumstances can result in the immediate loss of these protections.
Frequently Asked Questions
I’ve been told that I will be entitled to Transitional Protection, do I need to make a claim for this separately?
No. If you make a successful claim for Universal Credit by the deadline given in your Migration Notice and are entitled to some protection you will receive this automatically.
I’ve been told that I will be entitled to Transitional Protection – how long will it last?
Certain changes in circumstances will end the protection. Additionally, the amount of Transitional Element you receive can reduce. Speak to a Benefits Adviser for more information.