The selection of legacy benefit claimants for mandatory, managed migration onto Universal Credit will re-start from 9th May 2022.

There are two types of 'migration' onto UC:

• Natural migration - where claimants need to (due to changing circumstances) make a claim, or choose to claim UC. If they naturally migrate onto UC and they are worse off financially, compared with their legacy benefits, there is no protection and no way of getting back onto their previous benefits. 
• Managed migration - where the DWP select legacy benefit claimants for a forced move onto UC. Their legacy benefit claims will be brought to an end. If they would be worse off financially, there is some transitional protection* for these claimants.

Managed migration was first tested in a pilot in Harrogate - although only 38 claimants were actually manage-migrated through that pilot (it had to be stopped due to the Covid 19 pandemic). The government said managed migration would resume - and have now announced the start of the next phase.

Initially, 500 claimants will be selected. As yet, there is no information about which geographical areas they will be selected from, or whether claimants with particular circumstances will be selected first. The government says the process will be 'carefully managed'.

Following migration of the initial 500, numbers will be scaled up, as the intention is that all legacy benefit claimants will be moved over to UC by the end of 2024.

*Where a claimant is worse off on UC any transitional protection will only be given if they make their claim 'on time', and the transitional protection can be eroded or lost by certain changes in circumstances. 

England, Wales and Scotland
The 'special rules' for terminal illness that apply to Universal Credit & Employment and Support Allowance changed from 4th April 2022. 
For UC and ESA, 'terminally ill' now means that the claimant is suffering from a progressive disease and that death in consequence of that disease can reasonably be expected within 12 months. Previously, it was within 6 months. 

UC claimants who fall under the 'special rules' for terminal illness are:

• not required to agree a claimant commitment as a condition of entitlement,
• entitled to the LCWRA Element automatically and without the usual three months wait,
• entitled to a work allowance (if they or their patner are working),
• classed as 'incapacitated'  for the eligibility rules for the Childcare Cost Element.

The government intends to make the same change - from 6 months to 12 months - to the 'special rules' for Personal Independence Payment, Attendance Allowance and Disability Living Allowance, but there is no date, as yet, for this change, due to the parliamentary processes that are needed to change the legislation. Those who fall under the 'special rules' for terminal illness are fast-tracked onto the maximum award for care needs.

So, for the time being, there are two different definitions of terminal illness, some different terminology and 2 different forms for clinical staff to fill in:

DS1500 - form for the 'Special Rules for Terminal Illness'
If someone is diagnosed as terminally ill and their death could reasonably be expected within 6 months, their GP or consultant should complete form DS1500. This form is the doctor's confirmation that the patient falls under the 'special rules' and applies to UC / ESA / DLA / PIP / AA.

SR1 - form for the 'Special Rules for End of Life'
This is a new form (and new terminology). If the doctor's prognosis is that the patient's death could reasonably be expected within 6-12 months, they would complete form SR1. At the moment, this only confirms that the patient falls under the 'special rules' for UC and ESA.

Disability Benefits in Scotland
Note that there is a different form for Child Disability Payment and Adult Disability Payment* in Scotland. The BASRiS form is used instead of the DS1500.

*Adult Disability Payment is now open for new applications in the pilot areas of Perth and Kinross, Dundee City and Western Isles. Adult Disability Payment will be open for claims across Scotland from 29th August 2022.

Northern Ireland In Northern Ireland, the special rules have changed for all of the following benefits: UC; ESA; PIP; AA and DLA. For all these benefits, the life expectancy timeframe has been changed from 6 to 12 months, from 4th April 2022.

When someone first makes a claim for Universal Credit, they will agree to a Claimant Commitment. Their Claimant Commitment can be reviewed and revised at any time after that, eg when circumstances change.

Under section 23 of the Welfare Reform Act 2012, the DWP can (if it is reasonable to do so) require the claimant to participate in an interview to set the new requirements. 

Sometimes the DWP 'close' a claimant's award if they have failed to accept the new commitments or attend an interview.

But the DWP should not 'close' (terminate) the award: recent case law has stated there is no legal basis to allow this. Instead if the claimant fails to attend/participate in an interview to review new commitments, with no good reason, the DWP should consider whether or not a sanction should be applied under section 27 of the Welfare Reform Act 2012.

Caselaw: Upper Tribunal Decision FO v SSWP (UC) [2022] UKUT 56 (AAC)  CUC/1792/2020

Following a decision by the Upper Tribunal on 21st August 2020, some PIP decisions are now being reviewed.

The claims to be checked are those where the deaf or hearing impaired claimant needs to remove their hearing aid or cochlear implant before taking a bath or shower. 

The Upper Tribunal ruled that they cannot wash or bathe safely if they would be unable to hear a standard fire alarm. The decision maker should consider whether 2 points should be awarded for needing to use an aid or appliance (eg visual fire alarm) or for the need for supervision from another person.

DWP are reviewing decisions made on or after 21st August 2020 to see if claims should have had a different outcome. Claimants will not be asked for extra evidence or be required to have another medical assessment - information that was provided at the time of the claim will be looked at. 

The DWP will not be checking any decisions where the enhanced rate of the daily living component was awarded or decisions made by the First Tier Tribunal. Neither will they be looking at decisions made before 21st August 2020 - the law changed from the date of the Upper Tribunal decision.

Claimants whose last PIP decision was made before this date should seek advice to check if it is worth them making a new claim.

Q: My client is currently getting Income-Related ESA - this includes a Severe Disability Premium. Her only dependent child, her son, is due to finish college in June and start work. He is 18 and so will then be seen as a non-dependant meaning her IR-ESA will be re-assessed and the SDP will be removed. So not only will she lose her Child Tax Credit and Child Benefit, but her IR-ESA award will drop by £69.40 as well. I was wondering whether she should claim UC now - so that her award includes a Transitional SDP Element? My thought is that the son becoming a non-dependant would not result in her losing the TSDPE. Do you agree?

A: You're right. As long as on the day she makes her claim for UC she still meets the conditions for the Severe Disability Premium - she would be entitled to have the Transitional SDP Element included in her UC award because she has the SDP included in her IR-ESA award. After her first UC Assessment Period this becomes a Transitional Element and all links to the SDP are lost. This means that her son becoming a non-dependant would not end it.