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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA LCW full time student

Gail Knight
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Welfare rights - Halton Council

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Total Posts: 103

Joined: 13 July 2010

I have a customer who made a claim to ESA 3 May 2014
failed WCA and came to our service for assistance with appeal.

she is a non qualyfing young person in full time education and was awarded PIP back dated to 20th May 2014 in November 2014.

My basis of appeal was that she should automatically have LCW as she is a disabled student.

I have the case papers back DM states

” Ms xxxxxxx has not provided any evidence to show she is a full time student and from what date however I submit this would not apply in her case as she made her claim to ESA 3/5/14 and PIP was only awarded 20/5/14 she was not entitled to PIP at time of ESA claim.

Should Ms xxxxx be unsuccesful in her appeal i recommend she makes a new claim to ESA providing evidence of her full time student status.

Surely this case could be a supersession due to COC 20 May 2014 (pIP award)

Thank you

Daphne
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Joined: 14 March 2014

Yes definitely just a supersession - there is nothing in reg 33 that says it has to be at the start of the claim - if you’re receiving education and get PIP you’re treated as having LCW

Gail Knight
forum member

Welfare rights - Halton Council

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Total Posts: 103

Joined: 13 July 2010

Finally sense prevails

Tribunal allowed appeal

shame it took over 9 months, intervention of a welfare rights officer and a tribunal panel to get the DWP to apply their own regs.

not to mention the cost involved

:)

Hey Ho