ESA...help! I'm bewildered if eligible...

Tamra

Hi, apologies if this discussion has come up before but I am bewildered with information here. I have a 19 year old with disabilities on PIP. He now attends college 4 days a week on a supported learning course and lives at home. Several people including his social worker have told me he might be entitled to ESA. However, when I did applied for it a couple of years ago on his behalf; it was turned down on account of him having paid no National Insurance contributions. Makes little to no sense to me as he is not in a position to work; which is why we are investigating claiming it. If he could work then I wouldn't be claiming it. Can someone help me to understand this better please? He has a friend who has been claiming ESA since age16 despite being in full time education. How does this make any sense?

poppy123456

HI,

I'm assuming here that your child benefits/tax credits have ended for him, if you were claiming them? Although these can continue until they reach their 20th birthday if they remain in full time non advanced education.

With benefits for them it's very complicated. The only ESA that's possible to claim now is New style ESA, which as you correctly say is based on NI contributions and they wouldn't be eligible.

Universal Credit has replaced all the old legacy benefits but students can only claim this if they have been assessed as having limited capability for work as well as a disability benefit (which they already claim) See link. https://www.gov.uk/guidance/universal-credit-and-students

The reason his friend claims ESA is because he would have claimed this before all areas changed to UC.

The only way around this is to claim New style ESA as a NI credits only claim but he won't receive any money. Once they are assessed if the decision is either LCW or LCWRA then they will be able to claim UC. When you claim NsESA for them you need to make sure you ask for a credits only claim. Yes, it's very complicated but i hope this helps.

Tamra

Blimey it does sound complicated! Thanks for getting back to me. No child benefit or tax credits going on now for him  Now sure what constitutes non advanced education. He's at college but it's far from advanced learning. So should my next step be to apply via the universal credit platform?

poppy123456

He won’t be able to claim Universal Credit because students can’t claim it. He will need to claim New Style ESA with a fit note from his GP and go through the work capability assessment. Please have another read through my comment.