ESA and uni student

i’m hoping someone can give me some assitance with this case which is for my own daughter who’s aged 19 and will be 20 in march.

she is/was a full time uni student in her 2nd year. she hasnt attended since october’11 due to ill health. she has contacted the uni and has “interrupted” (i belive thats the term) her study from dec ‘11 and her intention is to go back in september ‘12 assuming her health has returned. student finance company have been informed and no loan / grant paid for this term beginning in jan so she has no income

we made a claim for ESA in december which was put into payment but has now been suspended. the DWP have informed her that they consider her to still be a student and therefore can’t pay her anymore and that the only way she can get IR ESA is if she gets confirmation from her uni that she has cancelled her course completely. she doesnt really want to cancel as she does hope to return to study. additionally if she goes back in septemeber having only interrupted her study she continues to qualify for student loan under the old rules and wont incur such a large debt

she was sent a letter stating that she wasn’t entitled to contribution based ESA due to not having NI contribution record and can’t claim IR ESA according to the DWP

she cant claim JSA as she’s not fit for work (assuming they would accept a claim)

any thoughts? many thanks

I think they’re right- unless she withdraws from her course entirely she is still a student for benefit purposes and therefore not entitled to ESA. Is she likely to meet the criteria for DLA? If so and she can successfully claim, she will be a disabled student for ESA purposes and therefore entitled.

Yes, thats right unless she gives up the course or successfully claims DLA.

thanks for your help.

DLA isnt a valid option soiguess i have to forget about ESA

could she claim JSA or would she be discounted from that as well due to her student status?

DLA isnt an option as her health is already returning but she’s already missed so much of the course that she can’t return this year, hence the interruption of studies

it’s a good job i’m in a position to help her financially until the new year of uni then, but what of students who dont have such protection? it seems odd that someone could have to leave uni through a long period of ill health but not have eligibility to any form of benefit income

she doesnt want to cancel her studies completely as she joined under the old fee rules, if she cancels and then returns she would have to sign up to the higher fees

thanks for your help

This came up in another thread last year. I don’t think we ever did get to the bottom of this news story

“Lord Freud, minister for welfare reform, agreed a change was needed.

“It’s unfair that students who are too ill to continue with their studies have been forced to abandon their course in order to qualify for employment support allowance.

“That’s why we’ve decided to change this rule and give students who take a break from their studies this much-needed financial support as they recover from their illness.”“

from here http://www.bbc.co.uk/news/health-11693224

Also mentioned here http://www.nusconnect.org.uk/news/article/disabled/1063/

I had a good look when I had a similar case last year and couldn’t find anything about the change that these articles refer to, I concluded that the change didn’t exist.

After 28 weeks of illness (limited capability for work) she can claim (contributory) ESA in youth - as long as

1) period of limited capability begins before 20th birthday

2) claims for ESA in youth can still be made…

I agree, I’ve been looking at this on a case of mine lately, so much so that I was starting to doubt myself.  For ESA in youth a person who is 19 is treated as not in full time education (reg 12(4) ESA Regs).  That reg seems plain on its face and doesn’t state or seem to imply that the period of limited capability for work must not begin before the claimant turns 19 (so long as it does begin before he turns 20).  But that question still leaves a nagging doubt in the back of my mind for my client.  However, we will pursue the point all the way to appeal if necessary unless someone can point me to a provision which appears insurmountable.

So, in essence, my case is, claimant age 18 not in education claims ESA and gets paid.  Turns 19 and goes to uni and gets grant and loans.  Income too high for IR/ESA but ESA can still be paid (as ESA in youth) as treated as not in full time education under reg 12.  Have I missed anything as this seems too easy?

johnny - 19 January 2012 12:29 PM

thanks for your help.

DLA isnt a valid option soiguess i have to forget about ESA

could she claim JSA or would she be discounted from that as well due to her student status?

If your client has recovered from her illness and can sign on, she can qualify for JSA until she returns to her course - see regulation 13D) and (3E) of the JSA Regulations, which has the effect of treating her as not attending a full time course of study for that period.

Brian