Care leaver over 21
Grateful for any thoughts as client is in a difficult position.
Have a client who just turned 21 and who was previously receiving Income Support as he’s in non advanced education and will be next year too. As he approached 21, they wanted evidence of his full time education. He didn’t provide this and says he can’t till September due to covid (I can probably resolve this). IS suspended as a result.
He claimed UC due to IS suspending but was refused UC as he’s in full time education and over 21. Is he entitled to either of them? I’m not convinced he is.
Housing costs are covered by HB as he’s in supported accommodation (but no disabilities -has been in supported accommodation since he left care).
Doesn’t para 15A(3)(b) of Schedule 1B cover it? Currently aged 21 and in non-advanced education that commenced before he reached the age of 21?
And the corresponding UC rule is in Reg 14(a)(ii).
If IS has terminated due to failure to provide evidence, fair enough, but he should be entitled to UC instead. Claiming UC doesn’t terminate IS if the claimant fails s4(1) - but he shouldn’t have failed s4(1), UC have got it wrong.
Should get UC I would say.
The same rules apply in HB too - HB has correctly continued because of the HB equivalent of the above regs.
Big thank you. MR submitted and fingers crossed.