ESA & DLA/PIP Question Please - Re: Disabled Student

Jack'sMum

Hi there,

My 21 year old son is a Disabled full-time student in advanced education. He was recently awarded a small amount of ESA (Income Related). The only reason he is entitled to claim ESA is because he meets all of the 3 criteria for a student to qualify. He is....

1) In 'full time' 'advanced' education and
2) He is not a 'qualifying young person' and
3) Receives DLA or PIP.

He is currently waiting for the outcome of his PIP application (transfer from DLA). If unsuccessful I will definitely ask for a Mandatory Reconsideration & then appeal if need be. In the meantime though I'm wondering if PIP is unsuccessful what will happen regarding the 'qualifying for ESA' criteria during the (possible) MR & appeal.

Does anyone know if ESA would say he not longer meets the qualifying criteria as soon as a negative PIP decision is made, as in they would say he no longer receives DLA & stop the ESA claim, or would they let his ESA continue until the outcome of the PIP MR/appeal is decided?

I really would appreciate any advice on this please.

Many thanks,
Jack'sMum

pmlindyloo

I have never encountered this before and can find no legislation about it.

My own thoughts are that if his PIP is refused then his entitlement to ESA will end.

Please note that if PIP is refused then there is a 4 week 'run on' of DLA.

I suggest that you telephone the Student Disability helpline (as you did before) and ask them the question.

rockingbilly

pmlindyloo wrote: »

I have never encountered this before and can find no legislation about it.

My own thoughts are that if his PIP is refused then his entitlement to ESA will end.

Please note that if PIP is refused then there is a 4 week 'run on' of DLA.

I suggest that you telephone the Student Disability helpline (as you did before) and ask them the question.

Likewise I agree. This is the same as losing High rate mobility DLA and having to re-tax your car as an ordinary private vehicle. Only to find that 12 months down the line when you win the PIP appeal and backdated decision, you can't get a refund of the car tax that you have had to pay in the meantime during the appeal process.

The poster's daughter will lose her ESA and won't get it back dated even if the PIP decision is overturned by the Tribunal. You simply lose that money for as long as there is no DLA/PIP in place.

Tommo1980

That is not an accurate analogy. Your point is also likely horse !!!!. As a general rule ESA will be backdated to the point of suspension (or application) once entitlement is established. The same is true of PIP.

The OP also clearly has a son!

Jack'sMum

Thanks for your replies, the disabled students helpline said that if PIP decision is negative then ESA would stop. Then, if PIP was awarded at MR or appeal I could ask for an 'anytime revision' and ESA payments could be re-instated & backdated. I will find out what an anytime revision is as never heard of that before, just in case the PIP is turned down.

Hopefully not too much longer to hear back something back from PIP now, applied in early Jan, haven't heard anything at all yet but I know they received the form ok because the supporting docs have been returned so at least that's something!