Receiving education

A young person of 19 has been diagnosed with cancer and is undergoing chemotherapy for 12 months.

Meanwhile he is (when his health permits) attending a one year acting course, which doesn’t lead to a formal qualification. I don’t think he is receiving education under the UC Regulations because:

- I don’t think the course would count as “advanced education”;

- he doesn’t get a grant or loan for maintenance;

- he isn’t a qualifying young person, because he started his course after turning 19;

- he isn’t on a course that is incompatible with his work-related requirements, because he is virtually certain to be treated as having LCWRA under Schedule 9, para 3 of the UC Regs, so shouldn’t have any work-related requirements.

Questions:
1. Are there any flaws in my argument?

2. If he claims UC and answers the questions about education honestly, will the algorithm tell him at an early stage that he can’t get UC because he is receiving education, and in this case what would his next step be?

I cannot see any flaws in your argument.

We have dealt with a handful of cases (mainly young people with a learning difficulty or disability).  The only difference being that they were already in education at age 19, so we had to wait until 1 September following their 19th birthday before submitting the UC claim.  I believe every case was initially refused.  We have had a number of cases overturned at mandatory reconsideration using the ‘not compatible with claimant commitment’ argument [UC reg 12(4)] and are waiting the outcome of other cases.