Can my son claim ESA or UC?
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ASDIBS
Community member Posts: 72 Courageous
Hello. I would like someone to please advise if my son would be eligible to claim ESA or UC. I'm not familiar with benefits and I know things have changed. I've read about income related ESA and also UC but not sure.
My son is at university full time education but he's living at home. He doesn't claim his maintenance loan but I know that doesn't make any difference. He claims standard care and mobility on PIP.
Just checking if he can claim anything else as I'm aware some students can work for extra income but my son cannot physically work due to his illness/disability. He even struggles to attend uni but luckily he's managed remotely this year.
Thank you in advance for any information ?
My son is at university full time education but he's living at home. He doesn't claim his maintenance loan but I know that doesn't make any difference. He claims standard care and mobility on PIP.
Just checking if he can claim anything else as I'm aware some students can work for extra income but my son cannot physically work due to his illness/disability. He even struggles to attend uni but luckily he's managed remotely this year.
Thank you in advance for any information ?
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It's complicated.
Income based ESA no longer exists for new claims. Only new style ESA still exists and entitlement is based on past NI contributions.
I assume he has not previously worked and therefore does not have an NI record. As a result he cannot be paid new style ESA. However, as a student, he cannot claim UC unless he has been found to have Limited Capability for Work.
In order to claim benefits he would need to apply for new style ESA. He would not be entitled to receive it but the claim would prompt a Work Capability Assessment. If the result of the assessment was that he had Limited Capability for Work he could then claim UC.
If he did claim UC he would be treated as if he were receiving any student loan that is available to him even though he is not claiming it so there may be no UC payable anyway.
https://www.gov.uk/guidance/universal-credit-and-students
Information I post is for England unless otherwise stated. Rules may be different in other parts of UK. -
@calcotti Thank you. Yes that's confirmed what I was thinking. He wouldn't get a large maintenance loan due to living at home and our household income. I think that I've read that don't take the whole amount of the student loan in to consideration? I suppose he can try. There is no harm. Thank you ?
So he needs to apply for ESA be turned down and then try UC? He's never worked so no NI contributions -
ASDIBS said:So he needs to apply for ESA be turned down and then try UC? He's never worked so no NI contributions
I'm not familiar with the details of how loans are treated. Full guidance here
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/907998/admh6.pdf
Information I post is for England unless otherwise stated. Rules may be different in other parts of UK. -
Is your son eligible for the Disabled Students' Allowance (DSA) @ASDIBS? I'm glad calcotti's reply has been useful!
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Tori_Scope said:Is your son eligible for the Disabled Students' Allowance (DSA) @ASDIBS? I'm glad calcotti's reply has been useful!
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Thank you @calcotti. You've been a big help ?
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Looking at the numbers I can't see there will be any significant UC entitlement.
Even if he is found to have LCWRA his maximum UC amount will be £687.63 (assuming he is under 25 years old).
Student loan (England) for someone living at home appears to be £7,747. If this is treated as covering 10 months then that is £774.70/month. I think there is £110 disregard (but may be wrong) which would bring this down to £664.70/month leaving UC payable of £22.93/month. If the loan is taken over a 9 month period then nothing would be payable.
However I may have got this wrong, he can apply and see what happens.Information I post is for England unless otherwise stated. Rules may be different in other parts of UK. -
Thanks again. When I checked how much maintenance loan my son is entitled to it said £3950. May be my calculations were wrong
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ASDIBS said:Thanks again. When I checked how much maintenance loan my son is entitled to it said £3950. May be my calculations were wrongInformation I post is for England unless otherwise stated. Rules may be different in other parts of UK.
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