Claiming Universal Credit for 17 year old disabled student in full-time education

cattleandcane23

Our son is 17 and in full time education, on a "non-advanced" course (Level 1 Basic Skills). He has autism, learning disabilities and other conditions. Last year we applied for Universal Credit for him. At first it was approved, then very soon after rejected. After it was rejected we were sent a form to complete for the work capability assessment. We completed this form. Now we have learned our mandatory reconsideration request has been rejected. We know that UC isn't normally given for 17 year old disabled students in full-time education if you apply after the course has started, which we did. However, our Benefits Adviser told us that sometimes DWP still give it in these circumstances. Should we pursue our claim for UC, or wait until our son is 18 (June) and his course has ended, and then make a fresh claim? Any advice gratefully received.

poppy123456

The advisor that informed you that "sometimes DWP give it in these circumstances" isn't correct. UC new reglations mean that for full time eduction in your sons circumstances can't be claim at all unless found to have LCWRA before the college course began. No amount of challenging will change that law.

https://askcpag.org.uk/content/207854/universal-credit-and-disabled-students-an-update

Unfortunately, you will need to wait until he's finished full time education.

cattleandcane23

Thanks.  If I claimed uc in July when the course finishes but he then enrolled for a third year in September, would his eligibility to uc end in September or would it continue as I would have applied for uc before the start of the course? Thanks 

poppy123456

He will need to be found to have limited capability for work before the course starts. There's no guaratee that this would be possible.

cattleandcane23

Thanks. Would I be better off applying for credits only ESA instead of UC, or would that still require limited capability for work to be established before the course starts.

poppy123456

You won’t be able to do it this way either because they stopped that too. The rules since 2021 are that you must have been found to have LCW before the course began. 

I did advise back in January that he wouldn’t be able to claim UC in his own right because of the rule changes.