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ESA/Full time student help.

My son is a full time Uni student, he's also in receipt of DLA and was in the support group for ESA until today. He had an assessment 8 weeks ago, the DWP phoned today to tell him he hadn't scored enough points so his ESA was being stopped completely. He couldn't really understand what the man was saying so asked him to talk to me.

He explained the situation to me and kept on insisting that my son needed to phone and make a claim for Universal Credit. Admittedly I don't know much about UC but I thought if he can't get ESA what would he be applying for under UC.

I know he would only be receiving a percentage of his ESA owing to his student loan but to lose all of it is a bit of a shock. My son is going to wait for the report to arrive but I don't know if it's worth asking for a Mandatory reconsideration as so few are over turned and he certainly wouldn't be able to attend a tribunal as he barely made it through the assessment, he found it pretty traumatic.

He's now panicking as he has a dental appointment and doesn't know if he can afford to go.

I thought I'd read somewhere that as a full time student in receipt of DLA that the ESA assessment was just to decide what group you were put in. Any advice would be much appreciated as my son's having a melt down about the whole situation.
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Comments

  • calcotti
    calcotti Posts: 15,696 Forumite
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    There’s some useful information here https://www.turn2us.org.uk/Benefit-guides/Full-time-students-and-benefits/Can-full-time-students-claim-disability-benefits

    This does say “If you are a full time student who is getting DLA you count as having limited capability for work without having to have a Work Capability Assessment.

    If you receive student support in the form of a grant or a loan, this will probably reduce the amount of income-related ESA you can get.”

    I guess that what is happened is that your son has been found not to qualify for the Support Group and his ESA maximum amount has reduced to the LCW rate of £73.10/week but that after taking his student loan into account there is no entitlement to payment. If the DWP has said that he does not have LCW that appears to be incorrect.

    There is no harm in requesting an MR but there is more chance of success if you can provide some additional evidence to support the request.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Alice_Holt
    Alice_Holt Posts: 6,090 Forumite
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    I'd recommend you contact this helpline:
    https://www.disabilityrightsuk.org/how-we-can-help/helplines/disabled-students-helpline

    Some thoughts:
    I would strongly suggest your son doesn't take the DWP "advice" to claim UC.
    UC and students is very fraught and applying is a complete nightmare. The disability rights helpline may be able to tell you more.
    https://www.disabilityrightsuk.org/news/2017/august/government-ends-disabled-students-universal-credit-entitlement-without-knowing-how

    I would definitely appeal the ESA decision.

    First stage is an MR:
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

    Don't expect the DWP to change their decision, they rarely do at this stage.

    Do this asap, and keep chasing the DWP for their response (they lose paperwork on a regular basis).
    Once your son has the reply from the DWP (the Mandatory Reconsideration Notice), he can lodge an appeal with the Tribunal Service (using a sscs1 form).
    When the appeal is lodged he can that request ESA payments are resumed (albeit at basic assessment rate) whilst waiting for the hearing date. Currently the TS have a very long backlog of appeals (9 months in some regions).

    Some info on the appeal process (relates to PIP but the process is the same for ESA appeals):
    https://www.advicenow.org.uk/guides/how-win-pip-appeal

    Can he get help with an appeal from the uni welfare unit / CAB ?
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • minimad1970
    minimad1970 Posts: 6,158 Forumite
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    calcotti wrote: »
    There’s some useful information here https://www.turn2us.org.uk/Benefit-guides/Full-time-students-and-benefits/Can-full-time-students-claim-disability-benefits

    This does say “If you are a full time student who is getting DLA you count as having limited capability for work without having to have a Work Capability Assessment.

    If you receive student support in the form of a grant or a loan, this will probably reduce the amount of income-related ESA you can get.”

    I guess that what is happened is that your son has been found not to qualify for the Support Group and his ESA maximum amount has reduced to the LCW rate of £73.10/week but that after taking his student loan into account there is no entitlement to payment. If the DWP has said that he does not have LCW that appears to be incorrect.

    There is no harm in requesting an MR but there is more chance of success if you can provide some additional evidence to support the request.

    Thanks for your reply. But if that was correct wouldn't they have said he still qualifies for ESA but won't actually receive any money due to the amount of his student loan, as has happened in previous years, rather than saying he hasn't scored enough points and is no longer entitled to receive ESA?
  • minimad1970
    minimad1970 Posts: 6,158 Forumite
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    Thanks Alice. I will definitely contact them tomorrow.
    Having just been through the appeal process myself, MR and tribunal I know he won't cope with the tribunal. Do you know if he will receive any money whilst waiting for a MR/tribunal? I waited nearly a year for my tribunal.
    He's going to ask at Uni tomorrow about seeing an adviser, if not I'll see about an appointment with the disability service that I used.
    He definitely won't be applying for UC.
    D you know if full time uni students, he's doing a masters, qualify for free prescriptions and dental treatment? He's worrying that he won't be able to afford his medication.
  • minimad1970
    minimad1970 Posts: 6,158 Forumite
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    calcotti wrote: »

    This does say “If you are a full time student who is getting DLA you count as having limited capability for work without having to have a Work Capability Assessment.

    That's what I said to the man on the phone but he said he didn't know what I was talking about and just kept banging on about needing to claim Universal Credit.

    There is no harm in requesting an MR but there is more chance of success if you can provide some additional evidence to support the request.

    He's got a doctor's appointment next week, she's really supportive so he's going to ask her for a letter.
    Thanks.
  • poppy12345
    poppy12345 Posts: 18,511 Forumite
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    Thanks Alice. I will definitely contact them tomorrow.
    Having just been through the appeal process myself, MR and tribunal I know he won't cope with the tribunal. Do you know if he will receive any money whilst waiting for a MR/tribunal? I waited nearly a year for my tribunal.
    He's going to ask at Uni tomorrow about seeing an adviser, if not I'll see about an appointment with the disability service that I used.
    He definitely won't be applying for UC.
    D you know if full time uni students, he's doing a masters, qualify for free prescriptions and dental treatment? He's worrying that he won't be able to afford his medication.
    He won't receive any ESA while waiting for the MR decision. If the MR decision remains the same and most do he'll be able to go back onto assessment rate for ESA once the Tribunal accept his appeal. Whether he'll be paid anything will depend on his student loans etc, assessment rate is just £73.10 per week. Fit/sick note will be needed to claim this.


    For the prescriptions etc then he won't automatically qualify but he'll be able to fill out a HC1 form for the NHS low income scheme. See link for further details.
    https://www.nhs.uk/using-the-nhs/help-with-health-costs/nhs-low-income-scheme-lis/
  • minimad1970
    minimad1970 Posts: 6,158 Forumite
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    poppy12345 wrote: »
    He won't receive any ESA while waiting for the MR decision. If the MR decision remains the same and most do he'll be able to go back onto assessment rate for ESA once the Tribunal accept his appeal. Whether he'll be paid anything will depend on his student loans etc, assessment rate is just £73.10 per week. Fit/sick note will be needed to claim this.


    For the prescriptions etc then he won't automatically qualify but he'll be able to fill out a HC1 form for the NHS low income scheme. See link for further details.
    https://www.nhs.uk/using-the-nhs/help-with-health-costs/nhs-low-income-scheme-lis/

    Thanks poppy.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    Thanks for your reply. But if that was correct wouldn't they have said he still qualifies for ESA but won't actually receive any money due to the amount of his student loan, as has happened in previous years, rather than saying he hasn't scored enough points and is no longer entitled to receive ESA?

    If DWP have said that he doesn’t have any entitlement even if he has no other income you should point out his entitlement to at least be treated as having LCW due to being in receipt of DLA. You can quote their own advice to them https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/755824/dmgch42.pdf. See paragraph 42125
    Disabled students treated as having limited capability for work
    For the purposes of ESA(IR) a claimant is treated as having LCW where the claimant is
    1. not a qualifying young person and
    2. receiving education and
    3. entitled to DLA, AFIP or PIP2..
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • calcotti wrote: »
    If DWP have said that he doesn’t have any entitlement even if he has no other income you should point out his entitlement to at least be treated as having LCW due to being in receipt of DLA. You can quote their own advice to them https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/755824/dmgch42.pdf. See paragraph 42125
    Disabled students treated as having limited capability for work
    For the purposes of ESA(IR) a claimant is treated as having LCW where the claimant is
    1. not a qualifying young person and
    2. receiving education and
    3. entitled to DLA, AFIP or PIP2..

    Thank you.
    Sorry if I'm just being a bit thick but what does no.1 mean?

    Do you think he shouldn't of had to go for an assessment? Or did I misunderstand before.
  • This is a question I ask myself, with a son on ESA and DLA at Uni who was just called into an assessment. Does 'education' mean any education, education at further, higher or even post grad level?

    Say my son had received his appt for a health assessment for his ESA.., what does he say to them to point out he automatically is considered LCW as per points 2 and 3?
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