Getting UC into payment for student

Hi, can anyone provide advice on this please?

I have a 20-year-old client that is resident at Treloar college for disabled students. He is home on some weekends and during breaks etc. At these times, PIP is put into payment. Would he be entitled to claim UC and if so how difficult will it be to get it put into payment?

Thanks in advance

Generally speaking I believe the student has to have been assessed by DWP as having limited capability for work before UC treat the student as being in one of the eligible groups. So the remedy is to apply for New Style ESA, even if the claimant has not paid sufficient NI conts to qualify. On completion of that claim, on phone or by completing NSESAF1 form an appointment has to be arranged for the student to attend an ID appointment at their local jobcentre. So once they are sucessfully assessed at WCA, apply for UC (while ESA claim is still live if possible) - so its a pretty bumpy journey and in my one and only case like this so far we have not reached the WCA stage yet, but I initially had difficulty convincing the call handlers at New Style ESA to even take the claim and ended up having to involve local partnership managers. 

Thank you for the reply. Wow, I thought it might be tricky but possibly not that tricky. As there won’t be any NI conts, won’t the claim be refused before it gets to WCA or should the claim for UC be made before that decision? As he is only in receipt of PIP whilst at home, will the claim have to be made during that time?

DWP seem somewhat uncertain themselves how to deal with this scenario so I have submitted the paper claim (partly because the call handler refused to take the claim over the phone on the grounds that NI conts had not been paid in previous 2 years) and included a supporting letter setting out the DWP’s own guidance which states the students UC will be refused ‘unless’ they have been assessed at WCA and have limited capability for work (or words to that effect) and that we specifically need the WCA to go ahead. - but watch this space on that one (happy to inform you of the outcome as I’m hoping we’re no that far away from that stage). Re: the PIP issue, I’m a bit less clear about that but suspect it would be easier to make the UC claim while the PIP is actually in payment rather than when your student is resident in college. Sorry I cant be more helpful

Thanks Morti. Should UC not be put into payment with a nominal amount until the WCA has been completed?

Sorry for delay - Ordinarliy the assessment phase rate would be paid pending WCA - but only if sufficient NI conts have been paid.

Thank you for the advice Morti. UC just keeps getting better and better.

This problem has come to CPAG’s attention - that students with LCW are eligible for UC but have no route for claiming.  The current work-around is clearly inadequate.

A template JR letter is available for claims that fail and can’t be appealed: https://cpag.org.uk/welfare-rights/judicial-review/judicial-review-pre-action-letters/work-capability-assessments

Watch this space for a High Court case along these lines…