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ESA at 16 for disabled child

Hello. I'm a parent of a 16 year old disabled child. I came across ESA recently but was confused as to whether my child would be entitled to claim it. We are in a Universal Credit area so i understand to claim we'd have to claim UC. My child is a permanent wheelchair user and currently gets higher rate DLA (will be moving over to PIP soon). He intends on continuing full time education so would be classed as a full time student still. Given the nature of the condition he is likely to be seen as having limited capability for work. Would he be entitled to income-related ESA? if this is means tested - who's means are included?
Replies
Please dont post identical messages in different categories, you only need the one and then members can offer support more easily
Senior online community officer
With regards the Universal Credit it seems it is quite challenging to get approval as you need to have a WCA before you apply which seems to put you in a catch 22 as you can't get the assessment without applying!
It is certainly difficult for students to claim Universal Credit!
It is my understanding that your son will need to have had the Work Capability Assessment and to have been found to have Limited Capability for Work through the New Style ESA application (credits only) before applying for UC. People cannot be deemed to have LCW during the waiting period so students tend to find their claims get closed down.
Scope
Glad to hear that part of the process has been successful.
Yes, if he has Limited Capability for Work and is on PIP/DLA then he should be able to claim UC.
Scope
Does that matter or does being in the Support group mean you have LCW status automatically?
When he applies for UC he should be put straight into the Limited Capability for Work Related Activity group which is the equivalent of the Support Group. He should not be asked to have any further assessments.
Scope
I am aware that you have applied for universal credit and that you have had a Work Capability Assessment on ESA but that does not give you automatic entitlement to universal credit as the regulations/rules are completely different for both benefits. Your case has been referred to a Decision Maker, once they make a decision it will be uploaded to your journal.
So this has got me worried now. I thought if we were put in the support group for ESA that would qualify us for UC. Are there any regulations or directives i can go back with that confirms this?
Scope
If you have a few minutes to spare, we'd appreciate your feedback on our online community.
since they closed the UC case i can't make any updates to the journal and the phone lines are crazy so i'm stuck once again.
They should not have closed his ESA claim. As you say, he should have been given a credits only award once he had been assessed as having Limited Capability for Work.
That should have been enough to allow him to make the claim for UC and the Support Group should have automatically entitled him to LCWRA element.
Your initial claim for UC may have been closed pending the outcome of the ESA and you would then need to make a new claim.
Unfortunately you may have to start the process again with UC and as you say, everything is taking much longer than usual.
Scope