16 year old LCWRA

Ikonik

My son is 16..He was supposed to start college in. September 2022 but didn't attend as he couldn't cope. He's just got on a new course which ends in May. He was awarded PIP high rate for living and mobility by paper based assessment. Is it worth asking for an ESA assessment now to try to get LCWRA assessment? 

calcotti

Yes, quite possibly but the criteria are different. See
https://www.benefitsandwork.co.uk/universal-credit-uc/uc-faq/limited-capability-for-work-related-activity

janer1967

@calcotti

Would he be entitled to uc with only being 16 and in education I thought you had to be 18 or finished education. ,? 

poppy123456

If he's still a full time student then he won't be able to claim New style ESA to go through the WCA while he's still a student. The rules on this changed, which prevented disabled students claiming New style ESA while still a full time student.

Before the law changed it was possible to claim NsESA while being in full time education to go through the WCA process and then being able to claim UC if found to have LCW but that all stopped.

He will also not be able to claim UC while still being a full time student if he has parental support. Lots of information here. https://askcpag.org.uk/content/207854/universal-credit-and-disabled-students-an-update

Are you living in England? if so then the rules for those that are between 16 and 18 are different.

England

You can leave school on the last Friday in June if you’ll be 16 by the end of the summer holidays.

You must then do one of the following until you’re 18:

• stay in full-time education, for example at a college
• start an apprenticeship or traineeship
• spend 20 hours or more a week working or volunteering, while in part-time education or training

https://www.gov.uk/know-when-you-can-leave-school

Ikonik

I thought that putting in  a claim would trigger an assessment? 

poppy123456

As a full time student he can’t claim it, even for the work capability assessment. 

calcotti

OP, apologies, I didn’t think this through properly when I posted earlier because I take into account his age (I got distracted which isn’t really an excuse).

He will not be paid any ESA because he hasn’t paid any NI. In general somebody can still apply for ESA in order to be assessed for capability for work and if found to have LCW or LCWRA can then get Class 1 NI credits but I can’t remember whether or not a 16 year in education can apply for ESA in order to get an assessment.

As poppy says he cannot claim UC if still in education but it would still be worthwhile having an ESA assessment if it’s permitted.

I can’t find a reference at the moment.

poppy123456

Calcotti, a student used to be able to claim ESA to get the assessment but that also changed when the law was changed. They prevented them doing this too. 

calcotti

poppy123456 said:

Calcotti, a student used to be able to claim ESA to get the assessment but that also changed when the law was changed. They prevented them doing this too. 

They definitely said that no one can claim UC unless they were found to have LCW or LCWRA before starting the education - I can’t recall whether applying for ESA to get an assessment was prevented. I haven’t managed to find legislation saying that. 

poppy123456

I’m fairly certain that it prevents a claim for NsESA as well if the course has already started. I just can’t find the legislation to prove it. 

It also states this in the CPAG link above. 

L_Volunteer

Hey @Ikonik. Thank you for reaching out to us. I can see our wonderful community has already provided you with some responses.

I am wondering, though, if you feel comfortable sharing a little more with us about how your son is coping with the new course