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

On DLA and intending to go to Uni in September - Student Loan issue

RAISE Advice
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RAISE Benefits Advice Team, Liverpool

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Have a client who’s currently on MRC and in the Support Group of ESA - she intends to go to Uni in September and had it in her head she would refuse the student maintenance part of her grant and just continue receiving full rate ESA instead.

I assume this would be seen by the DWP as claimant depriving herself of income in order to receive benefits.

Has anyone come across a situation like this in the past?

stevenmcavoy
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Welfare rights officer - Enable Scotland

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off the top of my head while on hold to the DWP…..yes they will treat her as having had the cash and reduce her esa accordingly.

ROBBO
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Welfare rights team - Stockport Advice

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ESA Regs 137

(4) A student is to be treated as possessing a student loan in respect of an academic year where—

(a)a student loan has been made to that student in respect of that year; or
(b)the student could acquire such a loan in respect of that year by taking reasonable steps to do so.

Oops, loan not grant.  Even so…

flair
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Welfare rights officer - Linstone Housing Association

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Is she on Income Related or Conts Based ESA?
If Conts based she should be able to continue to receive this.
If Income Related then I think she would have to claim the Grant and this would be taken into account in her ESA assessment.

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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ROBBO - 22 June 2016 01:04 PM

ESA Regs 137
(b)the student could acquire such a loan in respect of that year by taking reasonable steps to do so.
.

So, assuming means-tested ESA, if said student doesn’t apply for said money how long would it take DWP to notice?

You can, unless my knowledge is hopelessly out of date, claim the money up to 9 months after the academic year starts. After that, no money for that year. My reading of ‘reasonable steps’ is that it’s present tense and so only applies from the date of a revised ESA decision. After 9 months there are no ‘reasonable steps’ a student could take to acquire the money for that academic year. It’s simply not available.

Just a thought.