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

Disabled student

philly
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fermanagh cab

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Total Posts: 7

Joined: 21 June 2010

I have a client, who is coming in, just wanted to do a little research in advance, his benefits have stopped. He recives high rate care and mobility, he has been on a pathyways to work scheme since sept 2009 doing a business admin course - he recives training allowance of £38 - he is going to course mon - friday full - time. - please help! what benefits is he eligable for?, feel could have issue with ib/esa as in full time training? as becoming a student after october 2008 income support may not be an option?

thanking you in anticipation

Krissie Newton
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Welfare Rights Adviser, Freshwinds, Birmingham

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Joined: 16 June 2010

Off the top of my head I think that a full time student can claim ESA as long as they are receiving DLA care component. There may be a disregard or exemption re: the £38 allowance and even if there isnt there would still be some ESA entitlement after the means test. I believe that they would also be entitled to HB as a full time student (and passported if getting IB ESA) and exempt from Council Tax anyway as a student.

This is all from memory though so double check!

philly
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Joined: 21 June 2010

thanks for your help, I don’t think there is any scope, it is actually treated as a training course though department of employment and learning, met with him today - he stays on campus monday to Fridays - regulations state cannot be treated as incapable for work for both ib and esa on days in training

- he is still getting housing benefit - dla care component is also affected on days in residence!

thanks phil