ESA query please

AlwaysHappy

Morning!! I have a 17 year old disabled son, who is at full time college (well its called full time - 4 days a week). I was out with some other Mums last night and one of them said her son (on the same course but a little older) gets esa. I can't understand how you would be entitled to this if you are at college - and therefore unable to work anyway, but having looked on the internet the indication would be that as long as he is on DLA - which he is - middle rate - he is entitled. I don't want to scupper him later though so thought I would ask on here how it works and if I should be applying. To be honest, I never usually get to hear about these things - my son was in nappies day and night until he was 8 and only heard he should have been eligible for free ones when he was 7 - and only been claiming dla for a couple of years!! oh well, better late than never.
Many thanks for your time ( and advice )

nannytone_2

he would be entitled, but would have to go through the assessments in the same way as anyone else.
also, if he claims ESA you will lose all child related benefits that you may receive ( child benefit, child tax credits, child premiums on housing benefit)

AlwaysHappy

I only get child benefit - would esa be less than that? Also, how long can he claim it for? If he fails the assessment, would the child benefit continue? oops - sorry - so many questions......

nannytone_2

ESA is more than child benefit ... roughly £100 a week.
he would be eligible for income related ESA, so the award could continue for as long as he meets the criteria ( your income would make no difference, but the income of a partner would)
you would have to stop the child benefit claim at the same time as you make the claim for ESA * otherwise you would be making a claim for an adult benefit at the same time as receiving children benefit)
if he failed to get ESA, then as long as he still met the child benefit conditions, you could claim it again

rogerblack

AlwaysHappy wrote: »

I only get child benefit - would esa be less than that? Also, how long can he claim it for? If he fails the assessment, would the child benefit continue? oops - sorry - so many questions......

ESA would be ~90 pounds a week if he qualifies, and would continue until he fails the assessment, reaches 65, or universal credit is introduced.
It would also stop if he gets into a relationship with someone earning, or has capital of over 16K.

epitome

Hang on,

I don't see how the two figures above have been arrived at?

You would have to get sick notes from his doctor (for benefit purposes MED3) saying he is unable to work or may be able to work with workplace adjustments. The doctor may not be willing to give these, so don't claim ESA until you have one and are assured he will get them continuously from his doctor.

As far as I can see he would get £57 a week (under 25 assessment rate) until he has had his Work Capability Assessment, if he fails that he can appeal, if he passes he would get 101.15 a week from the 14 weeks of the claim, however he may not be assessed for 6 months or more from making the claim.

AlwaysHappy

Thanks for all of this - wish I hadn't started it now . I rang up the helpline and explained that he is at college and thus not available to work anyway but was told to apply as he was eligible. I have made an appointment with the Dr for 2 weeks time so will see what happens then - I may end up not proceeding.

Mojisola

AlwaysHappy wrote: »

I was out with some other Mums last night and one of them said her son (on the same course but a little older) gets esa. I can't understand how you would be entitled to this if you are at college - and therefore unable to work

Are you mixing up ESA with Jobseekers Allowance?

http://www.disabilityrightsuk.org/how-we-can-help/individuals/education/frequently-asked-questions-students

Robbie64

nannytone wrote: »

he would be entitled, but would have to go through the assessments in the same way as anyone else.
also, if he claims ESA you will lose all child related benefits that you may receive ( child benefit, child tax credits, child premiums on housing benefit)

Full time students (on either an advanced or non-advanced course of study) in receipt of any rate of the DLA care component or either rate of the PIP daily living component are automatically treated as having limited capability for work and do not have to undergo a Work Capability Assessment.

nannytone_2

Robbie64 wrote: »

Full time students (on either an advanced or non-advanced course of study) in receipt of any rate of the DLA care component or either rate of the PIP daily living component are automatically treated as having limited capability for work and do not have to undergo a Work Capability Assessment.

i wonder why it is different for everyone else then?

assuming a 19 year old at college would have automatic entitlement, but a 19 year old not in college wouldn't.

they do have some odd rules

sidefx

You should apply if he is entitled to it. He is disabled and entitled to DLA therefore he has a reason to apply.

It is for his benefit and once he finishes college he will need it if his GP agrees he won't be capable of working.

I'm sure you want what is best for him and if he is entitled then I think you should claim.