UC refused

zuhara66

Hi everyone, I hope your day is gong well. I had some good advice and support from you before and hope I can get some more.
My 20 year old son, on PIP and in full time education, has been refused UC on the grounds that he is in full time education before I have had time to get the capability for work questionnaire of to them. I am going to ask for a review and then appeal, but I am not sure what I should be saying to them. Is it that they should not have closed the claim before getting the questionnaire back? Should I hold onto the questionnaire now or should I send it before  have heard from them?

poppy123456

HI,

I've just read back through your last thread and i see it was me that gave you the advice. May i ask if your son has ever received any money from UC? or was he completely refused? because you mention the work capability assessment form and you don't usually receive this until after 29 days of claiming UC.

The reason i ask is because as your son lives with you then he can only claim UC if he's claiming PIP or DLA and has already been assessed as having limited capability for work. As he hasn't been assessed as having LCW then he will continue to be refused.

The route to go down for him to have limited capability for work is for him to claim New style ESA BUT because this benefit is for those that have paid enough NI Contribution from working in the previous 2 tax years, he won't receive any money while he waits for the assessment. He will receive NI Credit towards his state pension only. Once he's been assessed if he's given LCW then he will be able to claim UC.

See link. https://www.turn2us.org.uk/Benefit-guides/Full-time-students-and-benefits/Can-full-time-students-claim-Universal-Credit

Fit notes from his GP will also be needed to be able to claim this. Details how to claim are in this link.

https://www.gov.uk/employment-support-allowance/how-to-claim

Chloe_Alumni

Hi @zuhara66, just wanted to check in to see how you were both doing.