Here we go.
Para. 4(1)(b) of act - not receiving full-time education. (cont. ESA)
Para. 6(1)(g) of act - same for income related ESA.

ESA Reg 12 sets out conditions for 'in youth and education (not different from Incapacity Benefit).

ESA Regs 14 to 18 set out conditions for education. OK in full-time if get DLA.

ESA Reg 131 gives the various definitions of students over 19 etc. Limitation to 16 hrs.

I've been looking so hard I cannot see the wood for trees but am I right in thinking that unlike Incapcitity Benefit there is no way the cont based ESA will be paid to anyone aged 19 or over studying more than 16 hrs.

The get around seems to be you need to be on DLA and claiming income-related.

Am I right of have you seen something I may have missed - Thanks.

The result being an awful lot of people either being cut out of benefit (for various reasons) to study/retrain etc or staying put.

M.

I don't think so. Para 4(1)(b) of Sch. 1 of WRA relates specifically to contributory ESA claim arising specifically from youth provision i.e. exemption from NI requirements. Thus, the requirement is that to be entitled to ESA(CB) under the age of 20/25, the claimant cannot be in full-time education. This is the same construct as applies to IB in youth under SSCBA, sec.30A(1)(b) & (2A).If you are someone who is entitled byway of NI conts, i don't see the issue arising at all.

Para 6(1)(g) of Sch.1 of WRA related to income-based ESA and is taken in conjunction with regs 14-18 - thus i agree that for these claimants, the only means to study full-time and receive ESA(IB) is if they are also receiving DLA.

Thanks Paul.
Sorry to have taken so long to get back, don't get on the site either often enough or long enough.
All the best
M