ESA Entitlement for Student with long term health issue

I have recently been in contact with an undergraduate student who was granted an initial leave of absence of 9 months from his university course on health grounds (long term depression) in Dec 2010.  He is still very unwell and will be unable to resume his studies in Oct 2011 as originally planned. He therefore submitted an application for ESA by phone at the beginning of July 2011 and received a letter shortly afterwards confirming that he was eligible for ESA from 9 July. However, some 4 weeks later he has not yet received ANY payment. despite providing medical certificates from his GP which confirm that he is still not well enough to work

When he queried the absence of any payment earlier today, my client was advised that his application had recently been reviewed by a decision maker and that the the DM had decreed that my client does not fulfil the criteria for ESA because he has not “abandoned” his studies. He is therefore regarded for ESA purposes as still being a full time student.

My client has asked for written confirmation of the decision and the grounds for that decision to be sent to him as soon as possible.
He then intends to appeal this decision that he has not abandoned his studies completely ( to do so would have a significant financial impact on his fee status if and when he does return to university) and will submit a letter from his GP - together with a letter from his university confirming their willingness to extend his leave of absence on the grounds of incapacity -  which will state that he will not be fit to return to his studies during the academic year 2011/12.  I would be grateful for any thoughts or advice that more experienced clleagues may have regarding whether this will be sufficient evidence for a successful appeal

I agree with Duncan

Can your client qualify for DLA?  This would get round the problem as people on DLA (any rate) are one of the groups who can qualify for income related ESA whilst in FT eduction. 

As the DLA claim will take ages it won’t be a quick fix, and he should re-claim ESA at same time or shortly after claiming DLA, and ask ESA to delay making a decision until the DLA is decided (or if ESA is refused anyway, he can ask for a review of the decision later on, once DLA is subsequently awarded).  If he has rent to pay he should also do the same with HB. 

Alternatively he could try applying to the university hardhsip fund, I don’t know enough about the rules for this to say if he will qualify or not though.