ESA claim for my son

poppy12345

w06 wrote: »

If he's a full time student and also receives PIP or DLA he doesn't need a fit note at all to claim ESA

Thanks. That's what i originally thought because he already has LCW. Then i confused myself with the 13 week assessment phase :rotfl:

kingfisherblue

w06 wrote: »

If he's a full time student and also receives PIP or DLA he doesn't need a fit note at all to claim ESA

ESA have requested one for the assessment phase.

w06

He isn't entitled to one and doesn't need one. If he can get one it might be worth just doing as they ask, but as a full time student on PIP he doesn't need one (I claimed ESA last year without one)

kingfisherblue

I don't think that I'll have a problem getting one. It's not really a problem, and I have to take my son to the GP for something else anyway.

w06

path of least resistance wise really. If his GP says no (there is an issue with being a student and sick notes) just reiterate the rules to the ESA folk, one of us can dig out the regulation that says he doesn't actually need one.

Alice_Holt

This organisation would be able to supply that regulation:
https://www.disabilityrightsuk.org/how-we-can-help/helplines/disabled-students-helpline
And may be useful in other ways.

Alice_Holt

Right
I think this may be it:
Regulation 33(2) of the Employment and Support Allowance Regulations 2008 (SI 2008/794)

w06

Alice beat me to it and is right, bottom of page 39 at this link

http://www.legislation.gov.uk/uksi/2008/794/pdfs/uksi_20080794_301117_en.pdf:

Additional circumstances where claimants are to be treated as having limited capability for work

33(1) For the purposes of paragraph 4(1)(d)(ii) of Schedule 1 to the Act, a claimant is to be treated as having limited capability for work on any day in respect of which that claimant is entitled to statutory sick pay.
(2) For the purposes of an income-related allowance, a claimant is to be treated as having limited capability for work where;
(a) that claimant is not a qualifying young person;
(b) that claimant is receiving education; and
(c) paragraph 6(1)(g) of Schedule 1 to the Act does not apply in accordance with regulation 18.

paragraph 6(1)(g) of Schedule 1 to the Act does not apply in accordance
with regulation 18 means they DO receive DLA or PIP

kingfisherblue

Thank you both. I'll see what the GP says when we go, but if he refuses, I can quote the above to the ESA people.

Your help and the time spent giving it is appreciated - I could have been in a pickle without the above details if the GP refuses

w06

The GP may just do it, I recall having a sick note as an undergrad (many years ago) but there is a clause that means technically not entitled to one.

When I applied for ESA I just filled in any space on the form that mentioned a sick note with 'I am a full time student on PIP' seemed to do the job