18 year old client left school/college early because of serious illness, and successfully claimed UC. Is now also getting the LCWRA element. Is not getting PIP. He lives with his father but CB stopped when he claimed UC.
Client is intending to go to FE college and do a Level 1/2 full time course in September. He has asked whether he will be able to continue getting UC. As I see it, it depends on whether he will be “receiving education” as per UC Reg 12. He clearly won’t be:
- undertaking a full-time course of advanced education; or
- undertaking any other full-time course of study or training at an educational establishment for which a student loan or grant is provided for his maintenance; or
- undertaking a course of study or training that is not compatible with any work-related requirement imposed on him [at least not while he is assessed as having LCWRA].
What I am less sure about is whether he will be a qualifying young person, as Reg 12(1A) says that a QYP is to be treated as receiving education. It appears that he’ll meet the conditions for being a QYP in most of Reg 5, but then Reg 5(5) at the end says “A person who is receiving universal credit, an employment and support allowance or a jobseeker’s allowance is not a qualifying young person.”
So would they take away his UC on the grounds that he’s a QYP, or deny him QYP status on the grounds that he’s receiving UC? Did the chicken come before the egg? What are we all doing here? (I have a feeling I’m overthinking this.)
Surely QYP is irrelevant. Whether or not he qualifies as QYP would only matter if somebody was trying to get a child element for him on their UC claim.
In your case he is the claimant.
The possible relevance of his QYP status is that you can’t normally get UC if you are “receiving education”, and Regulation 12 says that someone who is a QYP is to be treated as receiving education.
Regulation 5 (5) establishes that: (5) ‘A person who is receiving universal credit, an employment and support allowance or a jobseeker’s allowance is not a qualifying young person.’... No problems….