Hi,

I am sure this is a easy question but I just cannot find the answer.

Client is 20, gets DLA middle care and is full time student in non-advanced eduaction. Can he get ESA contribution based (in youth) now or is it ESA income based until he leaves eduaction. Am I correct in thinking when he leaves education (as long as he does so before 25) he will then be able to claim contribuation based ESA?


Any advice would be great.

sent on behalf of Gareth Davies
Student Advice & Guidance, Cardiff University

My understanding of this situation is as follows. It seems that where a client is over 19 the level of education isn't a factor so being on a non-advanced course of education doesn't appear to make a difference. CPAG Welfare Benefits pages 591-2 and pages 583-584 refers to this.

The Disability Alliance Rights Handbook 2009/10 pages 62-63 and 66 covers the following points.

If the client began his period of limited capability for work prior to his 20th birthday he can make a claim for ESA CB in Youth and submit this up to 3 months after he reaches the 196th day of limited capability for work (i.e. up to 3 months from the end of the qualifying period).

Otherwise, there is the option to claim ESA Income Based on the grounds of getting DLA.

He could claim either ESA CB or ESA IB or a combination of both. It seems that entitlement would be based on whichever rate of ESA would be higher via either route or a combination of both.

If the client leaves his course then there is the option of claiming ESA CB in Youth up to age 25 provided he satisfies the conditions relating to course attendance and the date the claim is submitted.