Mature students and ESA

Garlicbread

I am in the assessment phase of Employment and Support Allowance contributions based. I have had a medical but as yet do not know if I have been placed in the support group or work related activity group. I am getting so fed up being unemployed but given the frequency of intra veinous treatment I need I don't think I'm ready to get back to work just yet. I've been considering doing a post graduate course because I know there is good support from Disabled Students Allowence that will help me to complete the course and study is so much more flexible than employment. Will this effect my eligibility for ESA?

I have been advised by A4E that I can do a course as long as it doesn't exceed 16 hours a week as anything more than this is classed as full time work. However, both Disability Alliance and Skill state that 'from age 19 there are no rules that limit the hours and type of study you can do' here and here. But I don't know where they get this information from.

I can't find anything in the ESA regulations that backs up what I have been told. I'm not sure how many hours my course is but it is classed as full time taught. I don't think it exceeds 16 hours anyway. Would you happen to know the rules on this? Can I still claim ESA whilst studying at post graduate level? I have found some useful info for students claiming ESA in youth but I am 31.

healy

Can I study and claim ESA?

You can have 'limited capability for work' but still be able to study because:
Studying tends to be flexible and you have more control over your timetable
Colleges and universities will provide you with support on the course
Academic tasks are less physical
There is generally less pressure

However there are some things to be aware of:
If you get contribution-based ESA, you can study part-time or full-time. However if you are under 19 the 'Youth Rules' only allow you to study up to 21 hours per week.
Full-time students can only get income-related ESA if they receive disability living allowance (DLA).
If you study part-time it won't affect your claim for income-related ESA.
How do student loans affect income-based ESA?

If you're eligible for a higher education maintenance loan, the Jobcentre will consider some of it as income. The benefit rules allow you a small amount for books and equipment, and you can keep £10 per week towards your living costs. The summer holidays are not included when calculating your income from the loan.

Garlicbread

Wow thanks Healy that's great! It seems to fit with what I have read up on so far.

Does anyone know where I can find the actual DWP written rules on this? All I have come across are advice sites which theoretically could be misinterpreting the rules.

I'm just worried that A4E might not allow me to do a course.

healy

Garlicbread wrote: »

Wow thanks Healy that's great! It seems to fit with what I have read up on so far.

Does anyone know where I can find the actual DWP written rules on this? All I have come across are advice sites which theoretically could be misinterpreting the rules.

I'm just worried that A4E might not allow me to do a course.

I think what A4E have said is complete rubbish as study is not classed as full-time work.

I have had a look for the regulations but cannot find them, though they are on the net somewhere. There is another poster, NASA who may be able to answer this for you, hopefully he will see this.

Garlicbread

Oh thanks for trying anyway. My mind is running away with me a bit. I'm worried if I get told the wrong thing and I do the course I might end up having to pay all the ESA money back or something. Thanks for your help Healy. It's a tricky one this!

Garlicbread

Just found the regulations here and so far I can't see anything stopping me from claiming contributions ESA and doing a course but equally I can't see anything saying for certain that I would be allowed to enter higher education. Hmmm!

NASA_2

The link below is the Decision Makers Guidance on Conditions of Entitlement - From 41551 seems to be the relevant part:

http://www.dwp.gov.uk/docs/ch41-23311.pdf

Garlicbread

Thanks NASA, much appreciated! Again I can see anything specific about contributions based ESA, so may be it's fair to say there are no special rules affecting entitlement to this as a student. Only if you are on IR ESA does it count as there are other things to think about such as how much of a grant and student loan you receive.

This is another useful document but again is one persons interpretation of the rules.

NASA_2

Garlicbread wrote: »

Thanks NASA, much appreciated! Again I can see anything specific about contributions based ESA, so may be it's fair to say there are no special rules affecting entitlement to this as a student. Only if you are on IR ESA does it count as there are other things to think about such as how much of a grant and student loan you receive.

This is another useful document but again is one persons interpretation of the rules.

If your entitled to ESA(C) on your own contributions then I think you are fine - though it isnt something I have come across yet so dont have a definitive answer.

The questions regarding Education are in the (C) part of the form but I think that is more to provide for ESA(Y) claims.

I love how straightforward the system is:rolleyes:

Garlicbread

Indeed, keeps us all on our toes!