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Disabled full time student

Kate S
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Staying Put services, Shepherds Bush Housing Group

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Joined: 13 April 2011

I have been checking CPAG and I think I am right but need some reassurance! My client gets daily Living PIP , and IR ESA with EDP and SDP. She has begun a fulltime HND course for 2 years. She has just received notification of a maintenance loan for the year. Is this ignored for purposes of Housing Benefit?

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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It will be if she remains entitled to income related ESA since all income and capital is disregarded when a person is on IR ESA

EJ
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Benefits advice line - Coventry City Council

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Am doubting myself - can I check quickly please?
. Newly referred client with HB o/p of over £13k. Client is on ESA. Was getting an ir top-up, but this has been stopped and found to be overpaid by DWP as he has been found to be a full-time student.  Course was wholly online and only fundings were the course fees.
Client has been on ESAc and award goes back to at least 2014 (with LCWRA).  Although he has no PIP and no SDP, I’m sure that he would still meet the criteria for HB.
I’ve checked back to HB General Bulletin 03/08 for the old times when ESA came in and CPAG p. 895 and it looks like he should be ok.
Over-zealous HB officer?
Thanks
Elaine

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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He will still meet the criteria See HB Reg 56 (2)(c)(d)(e) or ((ea)

(c) whose applicable amount would, but for paragraph (1), include the disability premium or severe disability premium;
(d) whose applicable amount would include the disability premium but for his being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the Act(a);
(e) who is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;
(ea) who has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations or the Employment and Support Allowance Regulations 2013 for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;

EJ
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Benefits advice line - Coventry City Council

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Stainsby - 10 August 2021 03:52 PM

He will still meet the criteria See HB Reg 56 (2)(c)(d)(e) or ((ea)

(c) whose applicable amount would, but for paragraph (1), include the disability premium or severe disability premium;
(d) whose applicable amount would include the disability premium but for his being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the Act(a);
(e) who is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;
(ea) who has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations or the Employment and Support Allowance Regulations 2013 for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;

Thanks so much Stainsby.  We’ve put in a revision request.  However, although the client said he’d had help with tuition fees only, he now tells me that it was a degree course and there was access to student finance, so I fear that, although we can show HB eligibility, any recalculation is going to pull in the maximum loan income as well as his ESAc, so we might not yet be able to retrieve much from the HB overpayment. 
As he’d never wanted the responsibility of the loan, he’s really struggling to understand how this could be used as, effectively, “notional income”.  He says he’s leaving the course as his health has further deteriorated, and I’ve encouraged him again to consider applying for PIP: hopefully we can pull something out to improve his now precarious situation.  I’m thinking UC if he can show that he’s left the course.
thanks again
Elaine