Income Based ESA and Students

Hello, don’t think client is entitled but just wanted to check, client is over 19 in FTE but has suspended course because of ill health. Doesn’t qualify for Contributory ESA, not on DLA so don’t think they will get ESA IB, even though grant and loan suspended? client now has no income at all, have advised to claim DLA, any other suggestions?

I take it they are single with no dependents.  Have they tried approaching university welfare services about possible discretionary support?  I have no idea if they would qualify for anything but it has to be worth a try, in the absence of other options. 

As you may know, once their illness ends they can claim JSA and HB if they cannot return to the course immediately.

I can’t see your client would be entitled to JSA, HB or IR ESA until/unless she abandons the course. Until that time she is treated as a full time student. If DLA isn’t an option there’s nothing to be done other than seeking discretionary support.

Had same problem with my son last august.  He was due to go back to manchester and was rushed to hospital,  in hospital for 2 months and we had to suspend his course.  He was refused on basis that his studies had not ended and no DLA.  He is in remission now and strong and hopes to return in the autumn. Never satisfied the prospective test for DLA.  He could have abandoned his studies to claim ESA but he would then have had to pay increased tuition fees for the remaining 5 years of his course, an extra 6k a year or 30k in total.  This way he is on the same course but taking a year out. He has no income and we support him.

i had a simlar case recently. what i was advised by others on this forum is that my daughter couldn’t claim ESA (or JSA_ while her course was interrupted but could claim either of these benefits if she could prove she had cancelled her course outright

i’m still supporting financially

Hope she is OK now Johnny.

1964 - 06 March 2012 04:33 PM

I can’t see your client would be entitled to JSA, HB or IR ESA until/unless she abandons the course. Until that time she is treated as a full time student. If DLA isn’t an option there’s nothing to be done other than seeking discretionary support.

Check P632 and 633 of current CPAG handbook.  I haven’t looked at the actual regs it refers to, but my reading of the handbook is that when a student takes time out for illness or caring responsibilities, there is provision for a JSA claim once the illness or caring responsibilities come to an end, for up to one year, provided no grants or loans are payable during the period. 

However I am happy to be corrected if anyone knows different!  :-)

No, you are absolutely right!! See regulation 1(3D) of the Jobseeker’s Allowance Regulations

Thanks Joanna for that advice on student finance which is really useful - I have always referred students to the student union or college support staff for advice but it is handy to know what may be obtainable

Brian

Nottsadvisor & Sovietleader- I stand corrected!

Blimey- I’d missed that one completely…