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Study and UC

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Total Posts: 148

Joined: 9 October 2019

Hi there,

I have a client who wants to do a PCGE.  She is unsure if she will be doing part time of full time and is not sure what her student income will take the form of.  I’ve given her as much info as possible. (yes she can study as she has LCW and PIP but some of her student income may count as income)

However she is worried that they will see she is studying and re ass her Benefit, stating that she would be able to work if she is studying.  I can understand her trepidation, has anyone had a client that this has happened to before? Does this happen often?  Is her starting up a course a sure fire trigger for re assessment?  She has mental health issues as well as dyslexia, dyspraxia and is being assessed for ADHD. 

Thanks in advance for any advice.

NeverSayNo
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Welfare rights department - Northumberland County Council

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Total Posts: 195

Joined: 21 December 2011

Hi Rachel

Which benefit is she claiming?

For ESA, being a disabled student (on ESA, getting PIP) then you automatically qualify for LCW. But there isn’t a rule like this for UC. See ps 893 and 1009 of CPAG.

So, if she is getting UC then I think she may well be reassessed and her doing studying is something (as part of her typical day?) that the assessors can look at. But if its ESA she is getting then they have to at least award WRAG (LCW) but that means she may drop from Support Group.

On that latter point I did have this happen to a client of mine. We ended up having to challenge it at appeal.

Hope that helps :)

Rachel1
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North East Law Centre, Newcastle upon Tyne

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Total Posts: 148

Joined: 9 October 2019

NeverSayNo - 30 June 2021 03:18 PM

Hi Rachel

Which benefit is she claiming?

For ESA, being a disabled student (on ESA, getting PIP) then you automatically qualify for LCW. But there isn’t a rule like this for UC. See ps 893 and 1009 of CPAG.

So, if she is getting UC then I think she may well be reassessed and her doing studying is something (as part of her typical day?) that the assessors can look at. But if its ESA she is getting then they have to at least award WRAG (LCW) but that means she may drop from Support Group.

On that latter point I did have this happen to a client of mine. We ended up having to challenge it at appeal.

Hope that helps :)

It is Universal credit unfortunately.  I’ve pretty much told her there is a chance she will get reassessed nut that I’m just not sure how often this happens to people and that its a case by case basis. Sounds like she will most definitely be reassessed?
This is very useful thank you.