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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

UC 16-17 year olds Non-advanced education.

GLon
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Welfare rights unit - Norfolk County Council

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Joined: 21 June 2010

UC has been claimed for 17 in non-advanced education and in receipt of PIP. Parents work and do not receive CTC/UC. They are still getting CB but tried to end the claim but was told CB will only end if UC is paid.
DWP have said that UC not payable as 17 yr old is a student with parental support.
I know the rules were simpler for ESA and in this scenarion benefit would be paid. UC not moving and it at appeal stage.
So can a 17 yr old on PIP in non-advanced education, living with parents get UC?
Thank you.

Daphne
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I think he needs to have a work capability assessment carried out so that they can decide whether he is a disabled student or not but that might be easier said than done at the moment - see https://www.rightsnet.org.uk/forums/viewthread/16118/

GLon
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Welfare rights unit - Norfolk County Council

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The challenge is getting the DWP to accept the UC claim so the process to have a WCA can begin. At the moment they are refusing the claim so no UC50 will be sent out and therefore no WCA. Any tips on how to start the process? Thanks.

stevemac
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Horsham CAB, West Sussex

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cannot find the thread at moment but did we not agree here that an option for this client could be a claim to NSESA ( on credits only basis) as an alternative way to start a WCA and if this then results in a LCFWRA decision claim UC at that point?

Daphne
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Yes definitely could do that but also MR/appeal the UC refusal to protect entitlement from now - there’s a useful article from CPAG about the arguments to run - https://cpag.org.uk/welfare-rights/resources/article/universal-credit-and-disabled-students

GLon
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Welfare rights unit - Norfolk County Council

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Total Posts: 14

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Thank you for the information.