I was claiming ESA income related and PIP whilst studying at university

sweetflower

Hi there,
I would like to kindly ask for some advice about my current situation..
I was previously studying at university as a disabled student. I was in receipt of ESA income related, PIP, Severe disability premium and Housing Benefit.
When I enrolled at university, I was already in receipt of ESA, PIP and Housing Benefit,
I was also awarded student loan, however in my first year at university I did not accept the loan and only received the grant.
On my second and third year at university, I accepted the loan and grant from student loan.
During this the three years of my study, I was in receipt of the benefits mentioned above.
I struggled considerably at university as a result of my disability and unfortunately, I was unable to complete my degree due to worsening symptoms. I am extremely depressed and devastated about my failure to finish my degree, and am still impacted by severe symptoms associated with my diagnosis [Avoidant Personality Disorder ; Severe Major Depressive Disorder with co morbid psychotic symptoms; Agoraphobia ; Generalised Anxiety Disorder ; PTSD]
Since speaking with a friend about my income during my studies, my friend explained to me that my benefits were not automatically calculated according to the money I received from Student loans during my time of study.
I basically continued to receive my benefits but they did not appear to be at a reduced amount, however I believed I was entitled to my benefit as a result of me receiving PIP at the enhanced rate for care and standard rate for mobility.
I am now concerned that I may have received an overpayment of my ESA as suggested by my friend, and would greatly appreciate some advice about this. I did not know that I was potentially not entitled to the amount of benefit I was receiving, and would like to know if I am expected to arrange a repayment to DWP or what will potentially be the case in my position.
I have 'very severe mental illness' as categorised by my CMHT and have been suffering with 'very severe mental illness' since I was a teenager.
I have been prescribed second line medications [mirtazapine 45mg ; Pregablin 250mg ; Propanol 40mg and Diazepam 5mg].
I experience severe side effects from my medication and my cognitive ability is impacted considerably my medication also, which has also contributed to my failure to complete my course.
Please could I seek some advice about what would likely be the outcome of my situation and what I must do, as I did believe that I was doing everything correctly initially.
Thank you so much for reading my message and for any help you can provide in relation to my concerns!

poppy12345

Your friend is correct. Student loans affect the amount of Income related benefits you're entitled to, especially maintenance loans. Even if you decide not to take the loan, it's still classed as income. Therefore you shouldn't have received your full benefits during your time as a student. Did you report the changes when you have the student loan?

My advice is to contact DWP to tell them about the student loan that you received because it's better if you tell them rather than them finding out sometime in the future, which they very likely will.

This link may help. https://www.gingerbread.org.uk/information/benefits-tax-credits-and-universal-credit/if-youre-planning-to-study/benefits-youre-studying/

Your PIP won't be affected because it's not means tested.

Any overpayment will need to be repaid back. There maybe a small fine on top for not reporting your change of circumstances at the time.

sweetflower

Thank you very much for your reply, 
Yes I will do this - and contact the DWP in regards to this.
Do you feel that it will be likely that a repayment of the overpaid amount may be an option for me? 

sweetflower

And no, I did not contact Student loans as I was not asked about my general income. I was under the impression that this would have been calculated from my benefit income automatically, as is Universal Credit. 

poppy12345

The changes would have needed to be reported to DWP not to Student finance. Yes, they will take the overpayment from future benefit entitlement. You will also need to contact your local council, if you were claiming housing benefit at the time.

sweetflower

Do you know why I would need to contact the Council in regards to claiming housing benefit? as I have read online that if in receipt of PIP, that a full time student would thus be eligible for housing benefit?
thank you for your advise

poppy12345

Yes they can but you were receiving a student loan and this can affect the amount of benefits you're entitled to.

sweetflower

thank you for providing me with information, I am now clear on the next steps I need to take in contacting DWP to resolve any over payment issues.