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

Disabled Students on ESA not eligible for UC or retain ESA when refused UC?

Ken Butler
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Disability Rights UK

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Hi,

A full -time disabled student who receives DLA to PIP is treated as having a limited capability for work for ESA purposes and can receive ESA regardless of having had or passing a WCA.

We’ve finally had confirmation from the DWP that only those disabled students on ESA who receive DLA or PIP and have been found to have a limited capability for work under a WCA are eligible for Universal Credit -

“That being treated as having limited capability for work in the ESA assessment phase does not mean a claimant has limited capability for work (under regulation 19 of the Universal Credit (Transitional Provisions Regulations) 2014) for the purposes of Universal Credit. This would have to be determined via a Universal Credit Work Capability Assessment.”

This will disbar disabled students receiving DLA or PIP and receiving ESA who need to make a UC claim in a full-service area – for example if they rent new accommodation.

Such disabled students will inevitably lose housing benefit as they will not be in the same rented accommodation.

But do people think that by making a UC claim due to changed circumstances will not just lead to a refused UC claim but ESA stopping with no eligibility to successfully reclaim it?

The DWP has previously told us that a disabled student making a UC claim will be refused it without the opportunity to have a WCA -
https://www.rightsnet.org.uk/forums/viewthread/11298/

Ken Butler
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Disability Rights UK

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Hi,

The type of scenario I was thinking of at the end of the post above is this.

A disabled student is receiving ESA (but has not had a WCA) and HB..

They move to a different local authority which is a UC full service area.

As they have not passed the WCA their claim for UC will be refused.

So no UC housing costs will be paid.

But will they still remain on ESA or will this stop due to their UC claim?

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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We have a liaison meeting at the end of this week and I too will raise this to see if we can get anywhere. But the trap looks complete - no WCA without a UC claim and no UC claim because you’re a student who’s not ‘disabled’ even though you’re on PIP.

Thinking aloud - only an existing CESA claim would survive the transition to UC; IRESA would be a goner, so only those who get CESA will ever get the WCA that would bring them disabled student status in UC…....(?????)

Ken Butler
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Disability Rights UK

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Hi Andrew,

If you can raise this at your DWP liaison meeting - and get a clear answer -  that will be great.

A disabled student who gets PIP and IBESA and has passed a WCA can get UC.

A disabled student who gets PIP and IB ESA and but has not passed a WCA can’t get UC.

What I can’t get my head round is if the latter makes a UC claim does it result in a nil UC decision and an end to their IBESA?

Joanne, to a large extent I agree with you.

That getting HB is helpful to a disabled student is stating the bleedin’ obvious.

The problem is that the DWP are implementing Government policy and it’s the policy that needs to change.

It’s not only the media that insist on actual case study examples but also supportive MPs.

If you or any rightsnet user has examples of the benefit of IBESA and HB to a disabled student client and what the effect would have been if they hadn’t received them, please do send them to me - .(JavaScript must be enabled to view this email address) 

 

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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Ken Butler - 01 August 2017 02:13 PM

What I can’t get my head round is if the latter makes a UC claim does it result in a nil UC decision and an end to their IBESA?

In full service yes.  Article 4 of whatever commencement order applies locally says that ESA(ir) is abolished as soon as you claim UC. But as you know I think DWP’s position on students and the WCA is completely misconceived: without carrying out a WCA they are not in a position to make a proper decision.  Students should be appealing against this nonsense.

at2503
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Welfare rights worker - CPAG in Scotland, Glasgow

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We are suggesting that a way around the catch 22 situation where a disabled student can’t get UC unless they have LCW (& PIP) , and can’t have a LCW unless their UC claim is accepted and they are sent for a WCA is:

Claim ESA (credits-only) ie, new style contributory ESA in a UC full service area, and once assessed and found to have LCW they can claim UC.

It’s what disabled students have had to do for some years if they only qualify for HB via the ‘LCW for 28 weeks’ rule).

Of course it would still mean it’s several months before a UC claim can be made, which is far from ideal.

Ken Butler
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Disability Rights UK

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Hi,

Sorry for not responding sooner.

The above idea of claiming CBESA would seem to be a way round the UC and LCW problem.

But the practical difficulty is that it doesn’t immediately help a disabled student who wants to study away from home but needs HB/UC housing costs paid to do this.

Thanks also to HB Anorak for confirming that ESA will end if a rejected UC claim is made.

 

shawn mach
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rightsnet.org.uk

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