not ticking any typical box

bonjen3

Hi, I am posting this on behalf of a friend who I am trying to help. It's a bit of a mixed bag of issues so , Ill give you a brief summary:

Young lady aged 15 , sufferring from chronic fatigue , she has been out of school for 2 1/2 years as she was physically too tired to go and mentally couldn't cope either - panic attacks etc She has been getting home support education provided by a tutor for 4 1/2 hours per week, this has been reduced to 2 1/2 hours a week for the next academic year. We filled in a DLA form 5 months ago and have just had the dreaded "DLA refused letter" We have phoned to ask for the claim to be looked at again and asked for the reasons why the claim was refused to be sent out.
Meanwhile child benefit has been stopped because she is only doing 2 1/2 hours of schooling and not the minimum level required of 12 hours per week. She would be able to do 12 hours a week but the council say they are unable to fund it.

Now she has turned 16, so should I request an adult DLA form to be sent out and fill that in or should I wait until the appeal outcome of the claim sent in when she was 15? If she is refused again is she entitled to anything else? We are trying to get her back into "mainstream life" but she has massive panic attacks if she is pushed too far.

rogerblack

She may be at some point entitled to claim ESA, but she can't yet, as she's too young.
I would question the child benefit decision.

http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM07050.htm
On interruptions in study taking below 12 hours - 'any other period due to illness, disability of mind or body, where the Commissioners find the period reasonable.'

The point that she intends to (but is constrained by outside circumstances from) return to fulltime education is important.

Reapplying for DLA is questionable.
Ir has the problem that if she is found to be entitled at tribunal, then the fresh application decides no - then her entitlement won at tribunal stops.

Savvy_Sue

Is home schooling an option? And can you do that (can't see why not) alongside the support from the LEA? That would be another ground for getting the CB back.

pmlindyloo

rogerblack wrote: »

She may be at some point entitled to claim ESA, but she can't yet, as she's too young.
I would question the child benefit decision.

http://www.hmrc.gov.uk/manuals/cbtmanual/CBTM07050.htm
On interruptions in study taking below 12 hours - 'any other period due to illness, disability of mind or body, where the Commissioners find the period reasonable.'

The point that she intends to (but is constrained by outside circumstances from) return to fulltime education is important.

Reapplying for DLA is questionable.
Ir has the problem that if she is found to be entitled at tribunal, then the fresh application decides no - then her entitlement won at tribunal stops.

You can claim ESA at 16 years old.

http://www.turn2us.org.uk/information__resources/benefits/illness,_injury_and_disability/esa.aspx

If she wishes to continue in education and is not awarded DLA on appeal then you need (as rogerblack says) to question the decision regarding Child Benefit. (This would also make a difference if parents were claiming child tax credits because they could continue to do so))

If she did not wish to continue with education then she could apply for ESA in her own right but CB and any CTC would end.

If she won her DLA appeal then she could apply for ESA in her own right (CB and any CTC would end) under the rules that she was 'disabled' and in relevant education for less than 20 hours a week.

Please note that I am not suggesting which 'route' she should take. I do not know the circumstances. Those are the options available.

rogerblack

pmlindyloo wrote: »

You can claim ESA at 16 years old.

http://www.turn2us.org.uk/information__resources/benefits/illness,_injury_and_disability/esa.aspx

In some circumstances can you claim ESA at 16.

Firstly, ESA is not available to anyone in fulltime education, so if they are continuing in education, they cannot claim.
If child benefit is payable (see above arguments as to why it may be), they are not eligible (they may be eligible after their 16th birthday).

As 'ESA in youth' provisions have been removed, they cannot be treated as if they had been contributing, and will have to qualify for income related benefits.

bonjen3

Thanks for all your suggestions, it certainly is a bit of a mindfield

Savvy_Sue

Can any of the ME associations help with this issue? I'm thinking it's not uncommon for teenagers to lose a couple or more years of schooling with this.

ally101

we had the same sort of problems and found that A.Y.M.E was really helpful for breaking down what we could and couldn't do. they are a specialised youth m.e charity and can help with everything from benefits to education and even provide contact to other family's in the same boat, to us they were an invaluable source and I would dread to think how different things would have been without them.

I hope this helps