UC benefit had been refused because he was in full time education

Joannebrewster10

Hi, my son is 19 this month.  He's autistic, receives PIP and is in full time education.  I was told by Adult Services that I could claim Universal Credit on behalf of my son.  I gave the job centre all the information I had on my son, EHCP, Adult Services assessment, PIP info and diagnosis from doctor and also a unable to work note from the doctor.  I attended 2 meetings at the job centre and was told he may need an assessment regarding his ability to work and I was sent a questionnaire to complete regarding his condition etc.  However, before I even had a chance to fill out the form I received a note on his journal to say his UC benefit had been refused because he was in full time education.  The claim was then closed immediately.  Has anyone had a similar outcome, should I appeal or is this correct?  Thank you.

Ami2301

Hi @Joannebrewster10 welcome to the community! I have found the following information on the GOV website.

Universal Credit if you’re studying full-time

You may be able to get Universal Credit if you’re studying full-time and any of the following apply:

• you’re aged 21 or under, in full-time non-advanced education and do not have parental support
• you’re responsible for a child
• you live with your partner and they’re eligible for Universal Credit
• you’ve reached the qualifying age for Pension Credit and live with a partner who is under that age
• you’re disabled and have limited capability for work and are getting:
• Personal Independence Payment
• Disability Living Allowance
• Attendance Allowance
• Armed Forces Independence Payment

Let us know if you have any further questions

Hart86

This is a really complicated one I’m afraid @Joannebrewster10.

If you see the info @Ami2301 has posted above, your son should fall into the “disabled and limited capacity to work” category as he’s in receipt of PIP. (I’m assuming he doesn’t have children and has parental support so wouldn’t fall under the other categories.)
The problem is he doesn’t actually have (or at least hasn’t been recognised as having) LCW status yet. 

cPag have been looking into this and wrote an article about how he could possibly go about it, it looks like a lot of work. Basically, there isn’t a proper system in place yet for people like your son! 

http://www.cpag.org.uk/content/universal-credit-and-disabled-students

It is being discussed but there aren’t any updates yet.

This is one of the few times I would say your MP (or even MEP) may be your best point of contact to push through your son getting a WCA while not able to claim. 😟

poppy123456

Hi,

One way around this as mentioned in the link above is to claim New style ESA for NI credits only so that he can have the WCA. Once the WCA assessment is done if the decision is at least limited capability for work then he can claim UC. Not an easy process but do able.

Hart86

Thanks @poppy123456 Are you a benefit advisor by chance??

poppy123456

Hart86 said:

Thanks @poppy123456 Are you a benefit advisor by chance??

You're welcome. No, i'm not. I'm a community champion here on scope and have been for several months. I claim benefits myself and my knowledge is through my own experiences and further research.

Freyavic1

In so glad I read this post . I take my 19 yr old daughter to the job centre tomorrow for the first time . It sounds like we will have the same problem ,  as similar circumstances . at least i will be prepared now . Would be interested to know how you get on joannebrewster . 

poppy123456

Freyavic1 said:

In so glad I read this post . I take my 19 yr old daughter to the job centre tomorrow for the first time . It sounds like we will have the same problem ,  as similar circumstances . at least i will be prepared now . Would be interested to know how you get on joannebrewster . 

Hi,

Yes, you will have a problem. Full time students can not claim UC unless they already have limited capability for work and you need to be assessed by DWP to have this.

The only way around this is for your daughter to claim New style ESA and claim the NI credits only to start with, once she's assessed, if she's given Limited capability for work then she'll be able to claim UC.

Expert face to face advice is needed here. Speak to either CAB or welfare rights.

Does she claim PIP or DLA?

Adrian_Scope

Hello @Freyavic1 and a warm welcome to the community! I'm glad this thread has helped prepare you a little bit for tomorrow. 

Please let us know how you get on at the job centre tomorrow, I'm sure it'll be useful to others as well.

Freyavic1

Hi , yes she does claim pip . Seems tomorrow will be a waste of everyone's time . Will see what they say anyway . Thank you for the advice . 

poppy123456

Yes indeed it will be i'm afraid. If she lives with you then she won't be able to claim UC. See this CPAG link and scroll down to "what can be done"

http://www.cpag.org.uk/content/universal-credit-and-disabled-students

Freyavic1

Hello , just an update . I had no problems sorting u/c for my daughter ,all sorted within a month . Mentioned full time education and work coach couldn't see a problem . Just waiting to sort the disability element . I hope you managed to get sorted Joanne brewster 10

poppy123456

Freyavic1 said:

Hello , just an update . I had no problems sorting u/c for my daughter ,all sorted within a month . Mentioned full time education and work coach couldn't see a problem . Just waiting to sort the disability element . I hope you managed to get sorted Joanne brewster 10

I'm glad you got it sorted. I'm assuming that your daughters circumstances are different to the original poster of this thread because full time students under the age of 21 can only claim UC under certain circumstances. https://www.gov.uk/guidance/universal-credit-and-students

Adrian_Scope

Hello @Freyavic1, thank you for coming back to update us, I'm really glad your daughter's UC was sorted without much problem. Best of luck with the LCW/LCWRA side of things, let us know how you get on.