Hi, I'm Jo_hughes76! Is my son entitled to anything other than PIP?

Jo_hughes76
Jo_hughes76 Online Community Member Posts: 5 Listener
edited October 2022 in Benefits and income
Hi. This is my first post so forgive me if I ramble! My son turns 20 in January and is still in college until June next year. We already get enhanced rate PIP for him for his care, but we're just a bit confused as to what other benefits he can claim for himself. Websites are so confusing and not much help! Any advice would be gratefully received. Thanks in advance.

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    The only benefit that's possible for him to claim is Universal Credit. As he's a full time student then he will not be able to claim UC even though he claims PIP. To be able to claim UC he will need to have been assessed as having limited capability for work before starting his course. I totally disagree with this but this is the law. See link. https://www.gov.uk/guidance/universal-credit-and-students

  • Jo_hughes76
    Jo_hughes76 Online Community Member Posts: 5 Listener
    That's great, thank you 🙂.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Once he leaves full time education then he will be able claim UC in his own right.
  • Jo_hughes76
    Jo_hughes76 Online Community Member Posts: 5 Listener
    How do we go about getting him assessed as having limited capability for work? Do we apply for UC and go from there or is there a separate path to go down for that aswell!
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    It's done through UC. However, as i advised he won't be able to claim UC because he's a full time student.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Have a look at this link, it explains the regulations that were made in 2020 that a disabled student who has parental support can not claim UC unless they were found to have limited capability for work (LCW) before the course started. https://askcpag.org.uk/content/207854/universal-credit-and-disabled-students-an-update
    Before those regulations were put in place a disabled student could claim New style ESA to go through the work capability assessment but as they wouldn't have worked and paid the correct NI contributions they wouldn't be entitled to any money.
    However, with the new regulations in place they still won't be able to claim UC whilst still being a student because the LCW must have been in place before the course started.


  • Jo_hughes76
    Jo_hughes76 Online Community Member Posts: 5 Listener
    WOW! That is so unfair. I'd never even heard of LCW before coming on here. So much for the government helping disabled people live independently, when they've got to jump through so many hoops just for a right to claim something that can do just that! Looks like we'll have to wait til June to do anything. Thank you so much for your help and advice. Don't think I would have found it anywhere else. Will definitely come back here if I need anything else in the future (and I probably will!). Thanks again 🙂.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Yes indeed, i completely agree with you. There was a judical review of those regulations but the decision in January 2022 didn't change and the application was rejected.
  • Cher_Alumni
    Cher_Alumni Scope alumni Posts: 5,714 Championing
    edited October 2022
    @Jo_hughes76 Hello and a warm welcome to our online community. I hope you've had a lovely Thursday.

    Just to make you aware, I slightly amended the title of your thread and moved it to our Benefits and financial support category to make it easier for other members to spot  :)

    I'm glad Poppy was able to answer your question. It's difficult to understand the reasoning behind that  benefit criteria, I agree. Do make sure to apply when your son finishes college and let us know how you get on.

    Take care and all the best to you both.
  • racyguy
    racyguy Online Community Member Posts: 560 Empowering
    poppy123456 said:
    Have a look at this link, it explains the regulations that were made in 2020 that a disabled student who has parental support can not claim UC unless they were found to have limited capability for work (LCW) before the course started. https://askcpag.org.uk/content/207854/universal-credit-and-disabled-students-an-update
    Before those regulations were put in place a disabled student could claim New style ESA to go through the work capability assessment but as they wouldn't have worked and paid the correct NI contributions they wouldn't be entitled to any money.
    However, with the new regulations in place they still won't be able to claim UC whilst still being a student because the LCW must have been in place before the course started.


    The point is that the State didn't want a case of a student topping up their income halfway through a course with both grants AND sickness benefits.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    racyguy said:
    poppy123456 said:
    Have a look at this link, it explains the regulations that were made in 2020 that a disabled student who has parental support can not claim UC unless they were found to have limited capability for work (LCW) before the course started. https://askcpag.org.uk/content/207854/universal-credit-and-disabled-students-an-update
    Before those regulations were put in place a disabled student could claim New style ESA to go through the work capability assessment but as they wouldn't have worked and paid the correct NI contributions they wouldn't be entitled to any money.
    However, with the new regulations in place they still won't be able to claim UC whilst still being a student because the LCW must have been in place before the course started.


    The point is that the State didn't want a case of a student topping up their income halfway through a course with both grants AND sickness benefits.

    The point is that not all students have any grants or student loans available to them!
  • Jo_hughes76
    Jo_hughes76 Online Community Member Posts: 5 Listener
    Cher_Scope.  Will do, thank you very much and have a lovely weekend 🙂.
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,922 Championing
    You are welcome @Jo_hughes76. It is the very least you deserve.

    Please don't hesitate to let us know if we can do anything else to help. We are all here for you and listening to you  :)
  • racyguy
    racyguy Online Community Member Posts: 560 Empowering
    poppy123456 said:
    racyguy said:
    poppy123456 said:
    Have a look at this link, it explains the regulations that were made in 2020 that a disabled student who has parental support can not claim UC unless they were found to have limited capability for work (LCW) before the course started. https://askcpag.org.uk/content/207854/universal-credit-and-disabled-students-an-update
    Before those regulations were put in place a disabled student could claim New style ESA to go through the work capability assessment but as they wouldn't have worked and paid the correct NI contributions they wouldn't be entitled to any money.
    However, with the new regulations in place they still won't be able to claim UC whilst still being a student because the LCW must have been in place before the course started.


    The point is that the State didn't want a case of a student topping up their income halfway through a course with both grants AND sickness benefits.

    The point is that not all students have any grants or student loans available to them!
    Maybe not but most do OR parents are that are on a sufficient level of income that they should be supporting their child.
    .
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    racyguy said:
    poppy123456 said:
    racyguy said:
    poppy123456 said:
    Have a look at this link, it explains the regulations that were made in 2020 that a disabled student who has parental support can not claim UC unless they were found to have limited capability for work (LCW) before the course started. https://askcpag.org.uk/content/207854/universal-credit-and-disabled-students-an-update
    Before those regulations were put in place a disabled student could claim New style ESA to go through the work capability assessment but as they wouldn't have worked and paid the correct NI contributions they wouldn't be entitled to any money.
    However, with the new regulations in place they still won't be able to claim UC whilst still being a student because the LCW must have been in place before the course started.


    The point is that the State didn't want a case of a student topping up their income halfway through a course with both grants AND sickness benefits.

    The point is that not all students have any grants or student loans available to them!
    Maybe not but most do OR parents are that are on a sufficient level of income that they should be supporting their child.
    .
    Students in higher education such as Uni are more likely to receive student loans than someone in further education. 
    I would think in this case the son is in college and the parents benefits are ending for the son the day before their 20th birthday.
    Not all parents are able to afford to support their children in further education! However, regardless of what I say you are likely to argue the point anyway because you seem to like to do that. 

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