ESA - how do I claim for my daughter? Which one should I claim for?

kitty25

Hello
My daughter is 18 and has severe learning difficulties and CP.   She is in receipt of PIP and I have been advised by a friend that she can also claim for ESA.
I have looked at this on the gov web site but I cannot for the life of me work out which one to claim for.  The sticking point is where it says you must have paid NI contributions for 2 years.  She has not paid into the system.  
She will probably never work, or if she does it would be voluntary.  She is currently still at school and we hope will move onto Residential College to learn to live more independently. 
Can someone advise please?
Many thanks in advance

calcotti

kitty25 said:

I have looked at this on the gov web site but I cannot for the life of me work out which one to claim for.  

The only ESA available for new claims is new style ESA. However, she is not eligible to receive new style ESA because, as you say, she has not paid the required NI contributions.

If she were to claim another benefit it would be Universal Credit, but she cannot claim this while she is at school unless she is first assessed as having Limited Capability for Work.  

Are you receiving any benefits for her (Child Benefit, Child Tax Credits, child element of UC)?

poppy123456

kitty25 said:

Hello
My daughter is 18 and has severe learning difficulties and CP.   She is in receipt of PIP and I have been advised by a friend that she can also claim for ESA.
I have looked at this on the gov web site but I cannot for the life of me work out which one to claim for.  The sticking point is where it says you must have paid NI contributions for 2 years.  She has not paid into the system.  
She will probably never work, or if she does it would be voluntary.  She is currently still at school and we hope will move onto Residential College to learn to live more independently. 
Can someone advise please?
Many thanks in advance

If she still lives at home with you then she will not be able to claim UC as a student. Do you not claim child benefit and child tax credits/child element of UC for her?

See link. https://www.gov.uk/guidance/universal-credit-and-students

kitty25

Thank you everyone. One of the reasons we were advised to apply for or ESA for her was in case she needs Legal Aid. This may be needed if we need to go to tribunal to fight for a placement at residential College I will have a look at the criteria for legal aid again.
Thank you so much for clearing that up for me.

poppy123456

LInk here for legal aid. https://www.gov.uk/legal-aid/eligibility If you're claiming Child benefit and tax credits for her they both can continue until her 20th birthday if she remains in full time non advanced education.

If you're claiming child element of UC for her then this can continue until 1st September following their 19th birthday. She's still classed as a dependent young person until those stop.

kitty25

Thank you so much for your help x