× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

UC for a ft disabled student

 < 1 2 3

Advice NI
forum member

Head of policy - Advice NI

Send message

Total Posts: 51

Joined: 17 June 2010

Hi all, could I add 2 things to the discussion:

1. Our DfC in NI has told us:

“I can confirm students do not have to demonstrate LCW prior to the application.  They will make an application to Universal Credit the same as any other claimant and if they declare illness/disability they are referred for a Work Capability Assessment (WCA).  They are required to provide supporting evidence until such times as there is a WCA outcome.”

2. We have had example of our first student applying for Universal Credit:

UC application as a student, has a DLA award, claimed UC (with LCW), case closed as cannot demonstrate LCW … vicious circle …;

So we have now asked DfC:

• what UC conditionality group the student is placed in while their LCW is decided upon;
• what UC income can the student expect (and when) during this process;
• what we are seeing is application as a student, has a DLA award, wants to claim LCW, case closed as cannot demonstrate LCW … vicious circle …;
• another example of inappropriate case closure;

Will post response when we get it.

Jon (CANY)
forum member

Welfare benefits - Craven CAB, North Yorkshire

Send message

Total Posts: 1362

Joined: 16 June 2010

Advice NI - 07 September 2018 01:44 PM

Hi all, could I add 2 things to the discussion:

1. Our DfC in NI has told us:

“I can confirm students do not have to demonstrate LCW prior to the application.  They will make an application to Universal Credit the same as any other claimant and if they declare illness/disability they are referred for a Work Capability Assessment (WCA).  They are required to provide supporting evidence until such times as there is a WCA outcome.”

2. We have had example of our first student applying for Universal Credit:

UC application as a student, has a DLA award, claimed UC (with LCW), case closed as cannot demonstrate LCW … vicious circle …;

So we have now asked DfC:

• what UC conditionality group the student is placed in while their LCW is decided upon;
• what UC income can the student expect (and when) during this process;
• what we are seeing is application as a student, has a DLA award, wants to claim LCW, case closed as cannot demonstrate LCW … vicious circle …;
• another example of inappropriate case closure;

Will post response when we get it.

Any further updates on this?

We saw a disabled student recently, whose UC claim was ‘closed’ at the commitment interview.

Advice NI
forum member

Head of policy - Advice NI

Send message

Total Posts: 51

Joined: 17 June 2010

Hi Jon, we have double checked with DfC in NI who have said the following:

Universal Credit: Students

Advice NI sought clarification on the issue of students claiming Universal Credit, in particular the issue of students demonstrating limited capability for work.

DfC: I can confirm students do not have to demonstrate LCW prior to the application. They will make an application to Universal Credit the same as any other claimant and if they declare illness/disability they are referred for a Work Capability Assessment (WCA). They are required to provide supporting evidence until such times as there is a WCA outcome.

JAS1
forum member

Advice Worker, Gaddum Centre

Send message

Total Posts: 367

Joined: 14 February 2017

Just bumping this thread. How are things looking with this issue these days?I haven’t come across it since last year.

Got a client on PIP looking at going on to UC soon when he starts University, will he likely run in to problems?

stevenmcavoy
forum member

Welfare rights officer - Enable Scotland

Send message

Total Posts: 871

Joined: 22 August 2013

JAS1 - 14 June 2019 01:38 PM

Just bumping this thread. How are things looking with this issue these days?I haven’t come across it since last year.

Got a client on PIP looking at going on to UC soon when he starts University, will he likely run in to problems?

seems a lottery. 

either being refused or stock piled.  I will know more in coming weeks re numbers as this will be my first student intake en masse since the post code gateways were lifted.

I raised this issue personally with my mp and he met with the minister who indicated they were interested in replicating the esa system of automatic lcfw….then they resigned and we are where we are with not miuch going anywhere politically.  really frustrating.

WR Adviser
forum member

Welfare rights worker - Community Law Service, Northampton

Send message

Total Posts: 83

Joined: 22 June 2010

We’ve had UC claims for disabled students refused at the outset and are advising to claim new style ESA and UC for now.  Any further updates would be really helpful as people get them.

JAS1
forum member

Advice Worker, Gaddum Centre

Send message

Total Posts: 367

Joined: 14 February 2017

Thanks.

So just to recap -

Current workaround is claim New Style ESA and UC, then get LCW status through ESA then they can go on to UC? Pressume they usually decide on UC before WCA and decision takes place so they are then just holding the UC claim until WCA is completed?

Daphne
Administrator

rightsnet writer / editor

Send message

Total Posts: 3546

Joined: 14 March 2014

I’ve definitely spoken to people where UC have accepted the claim but not made the decision, fast-tracked the WCA and then made the entitlement decision - so it is working sometimes but may be quite variable in different areas - worth giving a go though

JAS1
forum member

Advice Worker, Gaddum Centre

Send message

Total Posts: 367

Joined: 14 February 2017

Ok thanks guys!

From the other side
forum member

CRU/CARF-FIFE

Send message

Total Posts: 176

Joined: 22 April 2014

How has anyone got on with someone already on UC and in receipt of PIP wishing to start a full-time course? Client also currently working!

College has advised that bursary not appropriate as client can get UC and DWP state no UC as full-time course should be bursary…...

Ianb
forum member

Macmillan benefits team, Citizens Advice Bristol

Send message

Total Posts: 958

Joined: 24 November 2017

From the other side - 28 August 2019 04:22 PM

How has anyone got on with someone already on UC and in receipt of PIP wishing to start a full-time course? Client also currently working!

College has advised that bursary not appropriate as client can get UC and DWP state no UC as full-time course should be bursary…...

Are you sure DWP are saying bursary? They may be saying student loan - which, if available, I believe they can take into account even if claimant chooses not to take out loan.

JojoMitchell
forum member

Disability Law Service, London

Send message

Total Posts: 290

Joined: 10 July 2017

Hi there
Saw a client today (autism) studying full time (life skills course) aged 20.  Receives PIP.  I have read about claiming New Style ESA to get assessed for LCW in order to claim UC but have now also seen posts stating that claimants have been successful without this. 

My questions are:

1) Should you claim UC at the same time as New Style ESA?
2) If you claim UC at the same time as ESA, how can you prevent the claim being closed in reality?

Many thanks!