Universal Credit for 17 year old

scoobiemandan

Our daughter is unable to attend college or work do to her diagnosed fibromyalgia/cfs.  She has been awarded PIP.

Due to her not being in FTE we have lost all associated benefits for her.  She is now a non-dependant in our house so we have looked into UC.

So, about two months ago we claimed as she is eligible at the age of 17 because she has a limited capability for work, as per guidance on .gov

Her original claim was cancelled because she hadn’t provided a fit note.  So, we were told to reclaim and provide a fit note which we did.  A meeting was set up but then cancelled because her claim had again been cancelled.

Today my wife rang UC who advised she’s ineligible because she has the support of her parents.

I’m at my wits end now because she’s eligible yet they keep refusing her!  From .gov;

If you’re 16 or 17

You can make a new Universal Credit claim if any of the following apply:

• you have limited capability for work or you have medical evidence and are waiting for a Work Capability Assessment
• you’re caring for a severely disabled person
• you’re responsible for a child
• you’re in a couple with responsibility for at least one child and your partner is eligible for Universal Credit
• you’re pregnant and it’s 11 weeks or less before your expected week of childbirth
• you’ve had a child in the last 15 weeks
• you do not have parental support, for example you’re estranged from your parents and you’re not under local authority care

They appear to not understand their own criteria so where do we go from here!


Thanks for reading!

Silvertabby

Doesn't the final bullet point apply?  Ie, she does have parental support?

tomtom256

She doesnt meet this "you have limited capability for work or you have medical evidence and are waiting for a Work Capability Assessment" as she will only get this following a work capability assessment.

And unless she meets any of the other criteria she isn't technically eligible to claim until she is 18.

Alice_Holt

Challenge the decision by formally requesting a Mandatory Reconsideration of their decision.
 https://www.gov.uk/mandatory-reconsideration
https://www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/challenging-a-universal-credit-decision-mandatory-consideration/

Get help from your local advice agency.
https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/

sportsarb

Silvertabby said:

Doesn't the final bullet point apply?  Ie, she does have parental support?

You can make a new Universal Credit claim if any of the following apply:

• you have limited capability for work or you have medical evidence and are waiting for a Work Capability Assessment

Just because the final one doesn't apply doesn't mean it negates the one that does. You don't have to have all of them.

scoobiemandan

Silvertabby said:

Doesn't the final bullet point apply?  Ie, she does have parental support?

The wording says if ANY of the following apply!  She has a limited capability for work therefore the first bullet point is her eligibility!

sportsarb

tomtom256 said:

She doesnt meet this "you have limited capability for work or you have medical evidence and are waiting for a Work Capability Assessment" as she will only get this following a work capability assessment.

And unless she meets any of the other criteria she isn't technically eligible to claim until she is 18.

But she would be meeting this bit that you yourself quoted:
'...you have medical evidence and are waiting for a Work Capability Assessment"'

calcotti

Silvertabby said:

Doesn't the final bullet point apply?  Ie, she does have parental support?

That’s not relevant. The bullet points are alternative ways of being eligible, she only has to meet one of the conditions.

calcotti

tomtom256 said:

She doesnt meet this "you have limited capability for work or you have medical evidence and are waiting for a Work Capability Assessment" as she will only get this following a work capability assessment.

And unless she meets any of the other criteria she isn't technically eligible to claim until she is 18.

If she has a Fit Note she has medical evidence and surely DWP need to keep a claim open while she has the WCA during which time she will be waiting for it. 

calcotti

If approach suggested by Alice fails you could try a judicial review pre-action letter to DWP lawyers along the lines of this letter
https://cpag.org.uk/file/4373/download?token=HGhhK2KH

scoobiemandan

You see how ridiculous this is, it’s in black and white on their own website yet not one member of staff appears to understand the criteria!

We have been financially supporting her since October even having lost Tax Credits and child benefit and also had our housing benefit reduced!

I informed them when she stopped attending college and they were extremely efficient in stopping those associated benefits but this is beyond a joke.

Shes ill and doesn’t understand these things so it’s up to the wife to deal with this (I work all week and cannot call these people) yet she’s disabled herself.  The strain this is putting us under as a family is horrendous!