Am I a full or part time student for benefits purposes

eskimo26

Hi,

Long story short i'm disabled and can't work more than part-time. I've had a year out of my course and i'm now going back to it.

Currently receiving

universal credit-
Housing
Limited capability for work and work related activity (LC)

It is a full-time course but I will be retaking only 16 credits which might be classed as part-time from the information i've found.

As usual the information is a patchy, situational mess.

I found this obscure information here:

https://www.turn2us.org.uk/Benefit-guides/Part-time-students-and-benefits/Who-is-a-part-time-student-for-benefit-purposes#guide-content

"You are a part-time student if you are studying but you:
• Are not in relevant education and
• Are not attending a full-time course.

If you started a full-time course and reduced your hours of attendance, you might still be treated as a full-time student rather than a part-time one."

I'll be discussing this with my university advisory service but I'd like to get confirmation from someone who knows for sure so any concrete clarification would really help.

All help appreciated.

huckster

Yes the information online is not very clear.

It seems to be the case, that it is up to your University to state in their documents, whether you qualify as a full or part time student. That then determines how you are treated.

eskimo26

Yes the information online is not very clear.

It seems to be the case, that it is up to your University to state in their documents, whether you qualify as a full or part time student. That then determines how you are treated.

Thank you I remember the university was willing to provide a letter to confirm that I was on a full-time course but doing part-time hours on a repeat year.

This was done for council tax exemption purposes and they said it was accepted in 90% of cases (at the discretion of the council in question) but would this be enough for benefit purposes?

I need complete clarity so I know what to ask my university for.

I just find it amazing that there is so many unclear and discretionary cases and so little information. I know from experience that in these cases one adviser will say one thing and another will say the opposite

poppy12345

Some information here. https://www.turn2us.org.uk/Benefit-guides/Full-time-students-and-benefits/Who-is-a-full-time-student-for-benefit-purposes


Are you also claiming a student loan? or is there a student loan available for you to take?

eskimo26

Some information here. https://www.turn2us.org.uk/Benefit-guides/Full-time-students-and-benefits/Who-is-a-full-time-student-for-benefit-purposes


Are you also claiming a student loan? or is there a student loan available for you to take?

I think that might be the same information I posted in my first thread. Where I got the ambitious quote from.

I receive an nhs bursary but not during repeat years. I will get my bursary back in my 3rd year when I'm full time.

That also means i'm liable for all fees on repeat years which is about £2000.

poppy12345

I don't think you're going to get a straight forward answer on any internet forum because students and benefits are extremely complicated.



I'd advise you to ring the disabled students helpline and they will advise you. https://www.disabilityrightsuk.org/how-we-can-help/helplines/disabled-students-helpline

eskimo26

That's a huge help Poppy thank you!

eskimo26

Just an update for disabled students in the same boat.

The disabled student helpline is a fantastic resource.

According to I do not qualify as part-time but I can keep my universal credit as a full-time student if I am in any of the limited capacity for work groups AND receiving PIP.

Unfortunately I have just received my PIP and have SCORED 0 ON EVERY QUESTION.

I was stupid enough to take my evidence to interview instead of post it and it doesn't look like the interviewer has passed my evidence on to the decision maker as promised.

So I have to go through mandatory reconsideration and resubmit evidence.

Frankly my anxiety and depression has shot through the roof so I've made an emergency appointment with my Dr to get help.

I know once I get PIP my universal credit will be reinstated as it is but the wait is destroying me with stress.

So that's where I am.

TLDR: Full time students can claim universal credit if they are in a limited capacity for work group and have a PIP claim. Any entitlement to student funding will be deducted from your benefits whether you take the funding or not.

poppy12345

That’s what I thought. For your PIP claim then your evidence would have been returned to DWP with your assessment report but the decision maker usually goes with the report.

You now have 1 month from the date of the decision to request the MR. You should put this in writing stating where you think you should have scored those points and your reasons why. Adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you, will also help.

Most MR decisions remain the same so you’ll very likely have to take it to Tribunal and appearing in person will give you the best chance of a decision in your favour. They will also only be able to take into consideration what you were like at the time of the decision, so any worsening of condition won’t help your claim.

I’d advise you to speak to either welfare rights or similar near you.

eskimo26

That’s what I thought. For your PIP claim then your evidence would have been returned to DWP with your assessment report but the decision maker usually goes with the report.

You now have 1 month from the date of the decision to request the MR. You should put this in writing stating where you think you should have scored those points and your reasons why. Adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you, will also help.

Most MR decisions remain the same so you’ll very likely have to take it to Tribunal and appearing in person will give you the best chance of a decision in your favour. They will also only be able to take into consideration what you were like at the time of the decision, so any worsening of condition won’t help your claim.

I’d advise you to speak to either welfare rights or similar near you.

Thanks again Poppy,

Just to confirm there is no point submitting new evidence that comes after the original application date? Where is the cut off date for evidence? The decision date? assessment date?

I'm just wondering in that case if it wouldn't be better to submit a new claim under a "change of circumstances"? I can then provide evidence from the local specialist service I attended recently and any new medication and/or solutions for my worsening mental health.

Can I ask if it is common practice to refuse the first attempt and send it to tribunal in the majority of cases? If that's so I might as well not delay and carry on through the process to tribunal.

I got an honest assessment from universal credit and was placed in the Limited capability for work and work related activity (LC) group so this behaviour has taken me by surprise. (I'm aware it's different companies).

The Gentleman I spoke to from PIP said I could add statements from friends and family which seemed odd.

I have contacted my specialist service to write a letter on my behalf but wouldn't it be considered as evidence past the relevant date? I feel I need them to refute some of the points the decision maker made which were complete nonsense and not based on medical science. (that I showed no signs of fatigue from the medical assessment- it is well known that with my chronic condition the fatigue comes when you get home and causes a crash).

I'm also contacting my local MP but I doubt he will deal with it directly as he is probably busy moving into no.10 with his new GF. No doubt he has an office of staff that will deal with me?

What can welfare rights do for me? Would that be a Citizen's Advice Bureau?

Apologies for the long post and all the questions.

poppy12345

A worsening of condition must have been present for at least 3 months, so if it’s recently then this won’t help even if you re-apply. Also to constantly re-apply using the same evidence will not help you because you’ll likely see another refusal.

There’s no cut off point for sending evidence, as long as it states how your condition was at the time of the decision then it’s fine.

No, it’s definitely not common practice to refuse most first time claims that’s just a myth. Lots of people successful claim PIP first time without any problems.

Pointing out any lies that may have been told in the report also isn’t going to help because they wont be interested in any of those. They will only want to know the reasons why you think you qualify.

I’m not sure what use your local MP will be because their knowledge of the PIP descriptors will be very limited.

I’d definitely advise you to stick with the MR then tribunal if that fails.