Universal credit: Calculating the transitional element

An overview of transitional protection, including how the transitional element works, can be found on our transitional protection page. This page looks in detail at how the ‘total legacy amount’ and ‘indicative UC amount’ are calculated.

Note: The DWP/HMRC operational migration process has been under regular review. Some of the information is only available via DWP guidance (sometimes published) but this guidance, and underlying processes, may change without any updates being published. We therefore recommend that for individual cases you check the latest position with DWP before taking or refraining from taking any action.

Although calculations of the transitional element take into account all legacy benefits that UC is replacing, this page focuses on tax credit only claimants.

Transitional element – introduction

Overview of the calculation

Circumstances used to calculate the indicative UC amount

Comparison with first UC award

Further guidance

Transitional element - introduction

Broadly, a transitional element is to be included in the calculation of a UC award if the total amount of any awards of existing benefits (the total legacy amount) on migration day is greater than the amount of an award of UC determined in accordance with the regulations (the indicative UC amount) on that day.

It is important to note that the calculation uses an indicative or notional UC amount using various assumptions set out in the legislation – it is therefore possible that the actual UC award in the first assessment period is different.

Overview of the calculation

The process for calculating the transitional element is as follows:

Step 1

DWP issues migration notice to a tax credit claimant. The tax credit claimant is given a deadline day to make a claim for UC. If they do not make a UC claim by that date (unless the date is extended), their tax credit claim will end. It is possible to still get a transitional element if a claim is made shortly after the deadline day – see our migration process page for more information.

Where a claim is made before the deadline day, the Universal credit claim triggers a stop notice for HMRC to stop tax credits and commence the in-year finalisation process. At the same time, DWP request that HMRC provide a calculation of the claimant’s daily rate of tax credits, calculated on the basis of the information HMRC has about the claimant’s circumstances on migration day, ie the day before the universal credit claim. DWP will then convert this figure into a monthly figure by multiplying by 365 and dividing by 12 as set out in reg.53 of SI.No.1230/2014.

Step 2

DWP undertake equivalent calculations for any other legacy benefits the person is claiming to reach a total legacy amount.

The benefit cap rules are engaged at this point. Where:

Then the total legacy amount is reduced by the excess (minus the amount for childcare costs where applicable) over the relevant amount.

Step 3

Next, DWP calculate the UC indicative amount. The legislation states that the indicative UC amount is:

‘the amount to which a claimant would be entitled if an award of universal credit were calculated in accordance with Section 8 of the Act (Welfare Reform Act 2012) by reference to the claimant’s circumstances on the migration day, applying the assumptions in paragraph (2)’.

In addition the legislation says that the calculation of the UC indicative amount is ‘to be based on the information that is used for calculating the total legacy benefits, supplemented as necessary by further information or evidence as the Secretary of State requires’.

The assumptions listed are:

The annual amount of any employment income or trading income (As defined by Regulations 4 and 6 respectively of the Tax Credits (Definition and Calculation of Income) Regulations 2002, by reference to which the representative monthly rate of that tax credit is calculated for the total legacy amount, converted to a net monthly amount by dividing by 12 and deducting such amount for income tax and national insurance contributions as the Secretary of State considers appropriate.

Note, however, that the UC indicative amount may not match the actual UC award amount (that is, excluding any transitional element) because they are calculated on different days and using some different rules.

Step 4

DWP compare the total legacy amount with the UC indicative amount. The initial transitional element amount included in the first UC assessment period depends on whether the UC indicative amount is greater than Nil:

The second bullet point requires the following steps:

We understand that DWP do not automatically provide a breakdown of the transitional element calculations but claimants can request this information from DWP. The usual rules about appeals apply to entitlement decisions and so it follows that if a person disagrees with the transitional element or other aspect of transitional protection, the resulting UC award decision can be challenged under the mandatory reconsideration/appeals procedures.

Circumstances and income used to calculate the indicative UC amount

The legislative approach to calculating the indicative amount is explained above. However, it is not clear in practice how DWP are gathering the data needed and how they are interpreting the legislative guidance.

The legislation suggests that the claimant’s circumstances on migration day should be used when calculating the UC indicative amount (subject to the stated assumptions). DWP have published some additional information on GOV.UK to clarify how they handle things such as the housing and carer elements where the claimant is not already claiming support for those aspects in their legacy benefits.

Some of DWP’s processes around the transitional element, even if it can be argued they are departures from the legislation, are potentially beneficial to claimants. Others mean claimants may miss out on transitional protection and their first UC award will be lower than their legacy benefit award with no transitional element to make up the difference. The other concern is the extent to which DWP can later revise the UC award if the transitional element was calculated incorrectly which could potentially lead to overpayments of UC. See our main transitional protection page for further information on revisions of the transitional element.

The route to challenge the amount of a transitional element would be via the usual MR/appeal route to challenge the UC award, on the basis that the UC award (which includes – or doesn’t include – the transitional element) decision is incorrect.

Comparison with the first UC award

It is possible that claimants may receive a first UC award (for their first assessment period) that is lower than their legacy benefits (when converted to a monthly income) but there is no transitional element included. The Government initially committed that there would be no cash losers at the point of moving to UC (assuming no change of circumstances) and therefore the expectation by those in the managed migration process is that if their UC award will be lower, a transitional element will be included and if it is higher, there will be no transitional element. However, it may be the case that claimants:

This may happen for a number of reasons including:

Further guidance

The following guidance documents obtained via FOI are helpful for advisers in understanding the processes used by DWP and HMRC – however, caution must be taken in using them as they were produced early in the development of the processes and may have changed as the process has developed and become more automated.

Move to UC - How to collate transitional protection data

Manually calculating the transitional protection top-up payment

Front of house guidance

Case manager guidance

Migration notice helpline

Last reviewed/updated 15 October 2024