Child Responsibility Element and qualifying young person
Hello. Cl was in receipt in last school year of CHB and Child Responsibility element in UC for son doing Level 2 joinery course (ie FT non-advanced education). He became 19 in April 20. He was accepted to return to college in autumn for the level 3 course. He took full time work over the summer and cl told Child Benefit and ended the CHB claim. She also told UC and the CRE was removed from UC. Son returned to college in Sept. CHB has been reinstated and backdated, but CRE has not. Cl has not challenged this decision. Son is now not on the level 3 joinery course but instead on another level 2 course in furniture-making.
Son is a QYP for child benefit (CPAG, p580). As regards UC CRE; CPAG (p62) states that a 19 year old must have started on (or been accepted or enrolled on) the education or training before reaching 19 in order to count as a qualifying young person.
Even if it was the same course, that would only cover him up to September after turning 19: someone who is already 19 remains a QYP for the rest of the academic year while they are on the same course they were on before reaching 19, but once you get to the first Monday in September after the 19th birthday that is curtains in all cases.
5.—(1) A person who has reached the age of 16 but not the age of 20 is a qualifying young person for the purposes of Part 1 of the Act and these Regulations—
(b) up to, but not including, the 1st September following their 19th birthday, if they are enrolled on, or accepted for, approved training or a course of education—
(2) Where the young person is aged 19, they must have started the education or training or been enrolled on or accepted for it before reaching that age.
The alternative is for the ex-QYP to claim UC in his own right, but he will need to persuade the work coach that his course is compatible with his work conditionality: Reg 12(4).
I think I must have Covid brain, I am having trouble getting my head around entitlement to UC for students, disabled or not. Thank you for your help.
So the young person here could claim in his own right if his course were found to be compatible with his work-related requirements, or could even be included in his work-related requirements?
Regarding disabled students, a student on PIP doing an access course prior to a degree course, could apply for UC now if the course was accepted as above, ask for a WCA, and have a LCW determination in place by the time the degree begins to enable UC entitlement to continue whilst in advanced education.
If there was no LCW determination prior to the degree start date, UC would only be paid when a determination had been made.