Currently receiving PIP. If I apply for UC/DLA and get rejected, will I lose PIP?

Formerlychucks

This is the fear that I have in applying for UC. Are they even assessing people now? Do you just get accepted? In any case, I'm wondering if I get rejected whether I'd lose PIP.
Also, I'm considering going back to university; is it possible to receive both or either of these whilst studying?
Thanks

Robbie64

You can't apply for DLA. It is a benefit that was replaced by PIP. A claim for UC will have no effect on your PIP claim.

If you are claiming UC on the grounds of not bieng fit enough to work then you will have to obtain a fit note to accompany your UC claim. Assessments are on hold at the moment so as long as you satisfy the means test your claim should be accepted.

I don't know the answer to how going back to university will affect any benefits, hopefully someone else will be able to answer that part of your post.

calcotti

PIP and UC are completely separate, claiming UC will not affect your PIP.

PIP is not affected by studying and attending university.

In most cases university students cannot claim UC. However if you are in receipt of PIP* you are allowed to claim UC even if a student - https://www.gov.uk/guidance/universal-credit-and-students. You will still be expected to make use of student finance and the loan income will be taken into account and your UC entitlement reduced accordingly. Depending on your circumstances this might result in no UC being payable.

[*EDIT: I think this was incorrect, receiving PIP is not, in itself, sufficient to allow a UC claim as a student - see later posts.]

As Robbie says you should declare a health condition when you make your UC application and this needs to be supported by a Fit Note. A Work Capability Assessment to determine whether or not you are entitled to additional UC as a result of Limited Capability for Work and Work Related Activity will be completed eventually.

bigbill

calcotti said:

 However if you are in receipt of PIP you are allowed to claim UC even if a student - https://www.gov.uk/guidance/universal-credit-and-students. 

Not my understanding.
Only students with PIP and already had the medical and been put into one of the limited capability for work groups is my understanding.

[Deleted User]

bigbill said:

calcotti said:

 However if you are in receipt of PIP you are allowed to claim UC even if a student - https://www.gov.uk/guidance/universal-credit-and-students. 

Not my understanding.
Only students with PIP and already had the medical and been put into one of the limited capability for work groups is my understanding.

 How can you already have been put in any group if you haven't claimed. 

poppy12345

bigbill said:

calcotti said:

 However if you are in receipt of PIP you are allowed to claim UC even if a student - https://www.gov.uk/guidance/universal-credit-and-students. 

Not my understanding.
Only students with PIP and already had the medical and been put into one of the limited capability for work groups is my understanding.

I don't believe this is correct and i'm sure calcotti will confirm when they see this.

[Deleted User]

Wasn’t there some sort of loophole reported recently where a student was taking the DWP to the high court for a similar situation with regards to UC? 

calcotti

MarkN88 said:

Wasn’t there some sort of loophole reported recently where a student was taking the DWP to the high court for a similar situation with regards to UC? 

I do recall that. It's a procedural loop which says that the student can only get UC if they have been found to have LCW but DWP are refusing to accept the claim which means the WCA is never started and therefore a LCW determination cannot be made. A legal challenge had been mounted https://www.leighday.co.uk/News/Press-releases-2020/June-2020/Disabled-student-launches-legal-case-for-right-to

Outcome will be very interesting - I think the DWP stance is a nonsense and hope the challenge will succeed. What is required, in my opinion, is for a claim to be accepted and held open pending the WCA outcome (just as it is for those who apply with a Fit Note but have no UC payable unless the LCWRA element is awarded and in payment).

calcotti

bigbill said:

calcotti said:

 However if you are in receipt of PIP you are allowed to claim UC even if a student - https://www.gov.uk/guidance/universal-credit-and-students. 

Not my understanding.
Only students with PIP and already had the medical and been put into one of the limited capability for work groups is my understanding.

I think you are correct. The link I put up says "You may be able to get Universal Credit if you’re studying full-time and ..you’re disabled and have limited capability for work and are getting Personal Independence Payment."
 
Apologies for incorrect post.

In case of OP provided they have applied for UC prior to becoming a student they will have triggered the WCA. Hopefully if the WCA has not been completed by time university starts they will keep UC claim open pending the WCA outcome. Ideally, of course, LCW would be established prior to starting university.

quinq

I'm in a similar boat and here's what I can tell you:

• if you are on PIP and get the higher amount of both components, your UC will not automatically be cancelled when you become a student even if you haven't yet had a WCA. I cannot find this rule anywhere online, but they have been absolutely adamant that it's the case.
• HOWEVER your student loans are taken into account, and that might drop your UC award to £0 anyway
• Student loans are taken into account from the day your course starts until the day you break for the summer, minus the final assessment period. It's likely gonna be 9 periods with a student loan deduction, and 3 without one. 
• What I DON'T know is - if your UC goes to £0 during the year, whether you have to start a new claim every single summer

I know mine will go to £0 because I've added it up. What I don't know is what happens then - I'm still on the waiting list for a WCA, have been since April 2019. When my UC drops down to £0....... Do I just get scrapped off the list? If I was LCWRA it wouldn't drop to £0 it would go to about £80 during term time and about £800 the rest. The jobcentre don't know, CAB don't know, and the helpline doesn't know.

Using me as an example, this is what my UC would look like depending on whether I was 'fit to work', LCW, or LCWRA:


So I'm sure you can see why I'd be pretty !!!!!! off if I was struck off the waiting list for the WCA! They owe me about 5 grand in backpayments already...

calcotti said:

Outcome will be very interesting - I think the DWP stance is a nonsense and hope the challenge will succeed. What is required, in my opinion, is for a claim to be accepted and held open pending the WCA outcome (just as it is for those who apply with a Fit Note but have no UC payable unless the LCWRA element is awarded and in payment).

Can you tell me more about this? I think it might have some bearing on me and the OP

But yes, the catch-22 does apply to almost all disabled students, except seemingly people on higher rate PIP. To be on UC you have to have LCW as determined by a WCA. To get a WCA, you have to be on UC. To be on UC, you have to have a WCA. To get a WCA you have to be on UC. To be....

calcotti

quinq said:

 What I don't know is what happens then - I'm still on the waiting list for a WCA, have been since April 2019. When my UC drops down to £0....... Do I just get scrapped off the list? If I was LCWRA it wouldn't drop to £0 it would go to about £80 during term time and about £800 the rest. 

There is a regulation that means that, once a WCA referral has been made, if there is no UC payable due to income a nominal award of 1p is made in order to keep the claim open until the WCA outcome is determined. 

https://www.legislation.gov.uk/uksi/2013/376/regulation/28
Regulation 28(7)

My interpretation is that the regulations only provide for this to happen for the ‘relevant period’ of three months within no which the WCA should take place. One would hope this will be interpreted in a relaxed way during the current disruption.