UC and Student in None-Advanced Education
I have a client who is 48 has no dependent children and no LCWRA or PIP. She does a little part -time work approx 8 hrs per week. She has now started a Health and Social Care Level 2, City and Guilds full time course(Over three days approx 25 hrs but not certian how much teaching “Contact”) and her UC has stopped. Both her and the college are saying this is illegal! From the UC rules it is clear that it is a None -Advanced course and she does NOT therefore meet the criteria for claiming UC as a student and so the DWP are correct.
I have advised her that her only option at present would be JSA (New Style) if enough NINO record (But doubtful) and to do the course part-time i.e under 16 hrs She would still however have no Housing Costs paid. On talking to her further she does suffer with anxiety and depression and was scoring high enough on PIP descriptors and WCA - so maybe ESA (new style) and PIP/UC - but this will take a long time to get in place. I am advising her to consider deferring the course.
Just looking for reassurance that my advice is correct as the Welfare Team at the college are up in arms that the UC decision is wrong!
Only certain claimants who are “receiving education” are eligible for UC see: https://www.legislation.gov.uk/uksi/2013/376/regulation/14 My client does not come under any of these categories unfortunately.
Oh I see what you mean - she is receiving a small Welsh Government Adult learning grant of £1,500 but that could not bee seen as enough for Maintenance.. and the course is vocational so could be seen as compatible with “work related ” requirements! We should challenge UC in this case - thanks for your help!