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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

irESA entitlement for student in-patient

Peter Newton
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Advice Service Manager, Woodseats Advice Centre

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Total Posts: 5

Joined: 27 July 2010

Our client is a 19 year-old full-time student, currently in hospital, but not in receipt of any benefits before he went in. He has not yet satisfied the 196 day waiting time for entitlement to cESA in youth, but he has satisfied the three month qualifying period for DLA (and might be a terminal rules candidate as well). Of course no DLA will be paid to him while he remains in hospital irrespective of the decision on the claim, but if the decsion is that he qualifies for DLA that cannot be paid to him while he remains in hospital will that enable him to satisfy the rule that restricts irESA entitlement for students to those that are eligible also for DLA. Or will the non-payability of DLA scupper his irESA aspirations as well? CPAG says that such claimants must be ‘getting’ DLA’. DRH says they must be ‘entitled’ to it.