Getting myself tied up in knots here and would greatly appreciate any pointers.
We have two currently single ESA claimants who are both receiving SDP with their ESA awards. They are thinking of moving in together. If they do form a couple prior to 27.01.21, then the SDP gateway means they stay on ESA as a couple with double SDP. If they are later moved to UC as part of managed migration, then they could be entitled to transitional protection due to the SDP.
If they move in together after 27.01.21, with no SDP gateway, this will mean they must make a UC claim instead? One partner can’t join the other partner’s ESA award can they? If this is the case, they also do not receive any transitional protection.
Does that sound correct to you? Basically, without doing the calculations, they would probably be better off moving in together now and get a joint ESA award established, so that provided they aren’t then naturally migrated at a later date but instead go through managed migration, then they could also be eligible for TP.
Thanks for any thoughts.