Hello Mike
My client Tyrone is doing his A Levels.
He has a severe disability and gets PIP.
His mum currently gets Child Benefit and Child Tax Credit for him
Next September, once sixth form is over, he wants to go on to do a full-time advanced course.
Unfortunately the course that he has chosen does not get student finance.
Will he be able to get Universal Credit?
Zoe
Hello Zoe,
How fortunate that you have asked this question now, instead of waiting until he has started on his new course.
In Tyrone’s case, it will be possible to get Universal Credit but you need to take action now to get this sorted out.
UC and Education
Universal Credit has a general rule that says that you cannot claim if you are receiving education.
This page tells you about the general rule and what exceptions can allow claims.
One of the exceptions says that even though you are receiving education you are allowed to claim UC if you are entitled to DLA or PIP and you have a decision that you have Limited Capability for Work before you start the course.
Getting This To Work For Tyrone
Tyrone has got PIP but to claim UC once he is doing his new course, he will have to have a Work Capability Assessment before he starts the course.
To get this assessment going, Tyrone will have to make a claim for new-style-contributory ESA.
New-style ESA is a benefit allowed instead of a wage for people with a recent National Insurance record, if they have an illness or disability puts barriers in the way of working so they have Limited Capability for Work.
We know that Tyrone won’t qualify for cash payments of ESA, because he has not paid National Insurance contributions
But part of the deal with new-style ESA is that as well as cash payments, you get National Insurance Credits to protect your eventual right to state pension.
And Tyrone can still have a live ESA claim, known as a credits-only-claim.
And as part of the ESA claim he will have to have a Work Capability Assessment.
And then, once he leaves school and his Mum’s claims for him end, he will be able to claim UC
And when he begins his new course he will be able to continue with the claim, despite receiving education because he has got PIP and has already had the Work Capability Assessment decision to say that he has Limited Capability for Work.
How fortunate that you have asked this question now
It’s a problem that I see all the time, that people don’t think about the benefits until they have already started the course.
And then, because the rule says that you must have the assessment decision before starting, it’s too late.