Housing Systems: Combating poverty and sustaining tenancies.
Transitional Element - How Much?

Once you have established that a claimant can be entitled to a Transitional Element i.e., they’ve made a ‘qualifying claim’ for UC before their ‘final deadline day’ in the same ‘benefit unit’ and were getting legacy benefits on their ‘migration day’, you can move on to work out how much, if any, Transitional Element they are entitled to.

How much is the Transitional Element?

This will vary depending on the circumstances of the claimant.

It is calculated by comparing:

  • The claimant's Total Legacy Amount - which is based on the total existing benefits^ that are in payment to the claimant on their Migration Day - which is the day before the claimant's UC entitlement started (converted to a monthly amount)
  • The claimant's Indicative UC Amount - which is an imaginary amount of UC assessed based the claimant’s circumstances on that same day and some assumptions.
If the Indicative UC Amount is less than their Total Legacy Amount, they will be entitled to a Transitional Element.
^Existing benefits are: Income-Related ESA (and any Old-Style ESA if this is being topped up by IR-ESA), Income Support, Income-Based JSA, Tax Credits and Housing Benefit (unless being paid for and will continue to be paid for 'specified' or 'temporary' accommodation).

The Steps

Based on the Regulations, the following gives a brief description of how the calculation of the Transitional Element works - click on the various links for more details.

Please also see our Manual Calculation Sheet - click here.

STEP 1: Work out the Total Legacy Amount

The Total Legacy Amount is the sum of all awards of existing benefits to which the claimant is (or joint claimants are) are entitled to on their 'Migration Day' converted to a monthly amount.
Their 'Migration Day' is the day before their entitlement to UC started 

Special rules apply to those affected by the Benefit Cap.

STEP 2: Work out the Indicative UC Amount

To work out a claimant's Indicative UC Amount you will need to work out their Indicative Max UC Amount and then reduce this by any Indicative Assessable Income.

IMPORTANT: For many claimants this calculation - and therefore the result - can be very different to how their 'normal' UC will be assessed. This is particularly true of those receiving Tax Credits as certain assumptions are made about their circumstances.

(Reg 54 of the UC (Transitional Provisions) Regs 2014).

STEP 3: Compare the Indicative UC Amount and the Total Legacy Amount

Is the Indicative UC Amount higher than the Total Legacy Amount?

If YES - then not entitled to a Managed Migration Transitional Element (but could be entitled to a Transitional SDP Element instead).

If NO - is the Indicative UC Amount nil?

If NO - deduct the Indicative UC Amount from the Total Legacy Amount = the amount of the Managed Migration Transitional Element

If YES - Work out the 'excess income' figure ie. deduct the Indicative Max UC Amount from the total assessable income figure (ie. deductible earnings plus deductible other income), then add the Total Legacy Amount = the amount of the Managed Migration Transitional Element.

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