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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Challenging disabled students refusal of UC – official error?

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Elliot Kent
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mycatismo - 20 November 2020 11:22 AM
Ken Butler - 13 November 2020 11:41 AM

On 31/7/20, the Secretary of State told the Court she would not be defending this claim and subsequently admitted breaching regulation 14(b) of the Universal Credit Regulations 2013 by -
• failing to determine whether the claimants had a LCW; and
• failing to conduct a WCA before deciding the Claimants’ entitlement to UC.

 

Trying to find the section of CO/987/2020 that stated that the S of S admitted the failures. as that would be crucial to a revision on grounds of official error.
Can only find where it says that she “no longer intended to defend the claim. She did not file any grounds of defence or evidence. “
- but is that the same thing?
Or is it written in some other document?

Thank you!

Are you looking at the consent order?

7. The Defendant breached regulation 14(b) of the Universal Credit Regulations 2013 (“the Regulations”), when read with regulation 38 and 39(1)(a), of the Regulations in:
(i) failing to determine whether the Claimants had limited capability for work; and
(ii)failing to conduct Work Capability Assessment before deciding the Claimants’ entitlement to Universal Credit.

https://files.gcnchambers.co.uk/wp-content/uploads/2020/11/10110115/CO009872020-0009.pdf

 

Ken Butler
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Disability Rights UK

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Hi,

This is from the Garden Court article on the case -

“On Friday 31 July 2020, the Secretary of State, who had previously denied acting unlawfully, told the Court she would not be defending this claim. She subsequently admitted breaching regulation 14(b) of the Universal Credit Regulations 2013 (‘the 2013 Regulations’), and therefore acting unlawfully, by:

failing to determine whether the Claimants had limited capability for work; and
failing to conduct a WCA before deciding the Claimants’ entitlement to UC.

On 6 October 2020 Fordham J declared, with the agreement of the parties, that the Secretary of State had acted unlawfully. He quashed the Government’s decisions which had refused the Claimants’ benefit claims. A copy of the High Court’s Order can be found here.”

https://gcnchambers.co.uk/secretary-of-state-for-work-and-pensions-operated-unlawful-policy-for-years-of-refusing-universal-credit-claims-from-disabled-students-r-kauser-and-jl-v-secretary-of-state-for-work-and-pensions-co/

JAS1
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Just checking whether anything has changed practically speaking for disabled students trying to claim UC for the first time after already starting their course.

NS ESA still the way round?

Ken Butler
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Disability Rights UK

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Hi, unfortunatley the practical solution of a NSESA claim remains the same.

JAS1
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Ok, thanks for confirming Ken

JAS1
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Anyone know if starting a new style ESA credit only claim would immediately end CTC/CB for the parent carer?

Got a carer who is due to lose both in July when son turns 20, son can’t claim UC in his own right due to disabled student nonsense so they are set to lose out by a significant amount.

Wondering if we can start ESA claim now to get on long WCA waiting list, or whether will have to wait until July.

HB Anorak
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Are you sure the son cannot get UC in his own right?

If he still attracts CTC/ChB, that suggests he is in non-advanced education.  If he turns 20 this July, that means he has already passed the first Monday in September following his 19th birthday and he is no longer a QYP for UC purposes - note how the UC version of QYP ends earlier than CTC/ChB version.

I think it is very likely that the son would not be regarded as receiving education in the first place, so you won’t get as far as needing to rely on LCW.  The only snag would be if his course is incompatible with his job seeking conditionality - he would need to negotiate that with his work coach pending a WCA.

JAS1
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Good point! I’ve overlooked the fact he is in non advanced education. All the other ones I’ve seen come through over the past few months are all Uni students and I had got so used to that but this guy isn’t so he has a potential route through at least.

Cheers Anorak!

[ Edited: 30 Mar 2021 at 09:37 am by JAS1 ]