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Benefits if you can’t work

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My adult daughter has been unable to work because of panic attacks. She hasn’t claimed any benefits because she can’t cope with the pressure of being pushed to look for work. She has just started therapy and the assessor said they could help with benefits and that there would be something she could claim even though she can’t work. Unfortunately the assessor didn’t follow up by sending the email she promised, so we don’t know what she may be able to claim. Would it just be universal credit? Or is there something else for this Situation? Would appreciate any advice please.
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  • xylophone
    xylophone Posts: 45,627 Forumite
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    Has your daughter seen her doctor?
    https://www.gov.uk/employment-support-allowance
  • poppy12345
    poppy12345 Posts: 18,882 Forumite
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    edited 18 August 2020 at 9:13PM
    If she's never worked then the only benefit that would be possible for her to claim is Universal Credit. Although if she's a student then she won't be able to claim UC unless she's claiming a disability benefit such as PIP or DLA.
    If she's not a student then yes UC but she'll need a fit note (used to be sick note) from her GP to start the limited capability for work process off. How much she'll be entitled to will depend on her circumstances, as you haven't given any information then it's impossible to give any advice regarding that. Check out the links for more information.
    If she doesn't already claim PIP then have a look at claiming this, if her conditions affect her daily life. https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/




  • She has and has been given details of counselling places she can self refer to (which she has done). But she doesn’t have anything specific like a sick note from the gp as the issue of benefits has never been raised, just what we can do to deal with the anxiety and panic attacks. I will read your link, thanks. Will she need a sick note or some kind of assessment?
  • huckster
    huckster Posts: 5,294 Forumite
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    Universal Credit would be the benefit to claim.  If she has a Doctors fit note, the Job Centre will take health into consideration and she will be referred for a Work Capability assessment.  It is great that your Daughter is starting therapy, as this will be seen as someone taking action to overcome the issue that is stopping them from working.  And the medical professionals that she is seeing will be able to document the health barriers that may prevent current working.  And when the Work Capability Assessment is completed the medical professionals can provide information, which may be of help.  Due to Covid-19 most assessments will be done remotely via phone or just paper based if enough evidence is available.

    https://www.understandinguniversalcredit.gov.uk/



    The comments I post are personal opinion. Always refer to official information sources before relying on internet forums. If you have a problem with any organisation, enter into their official complaints process at the earliest opportunity, as sometimes complaints have to be started within a certain time frame.
  • poppy12345
    poppy12345 Posts: 18,882 Forumite
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    To start the limited capability for work process off then yes she'll need a fit note from her GP. If she doesn't have one of those then she'll be expected to look for work.
    Once she's referred for a work capability assessment she'll be sent a form to fill in regarding how her conditions affect her. They will then assess her ability to do any type of work and this will either be a telephone assessment (face to face assessments are suspended due to Covid19) or they will complete a paper based assessment if they have enough of information but most people have the telephone assessment.
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,339 Forumite
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    Just to clarify, she has to ask her GP for a fit note (sick note) but it's not a big deal, they do them all the time. They just don't automatically offer it because not everyone needs one.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 18 August 2020 at 10:25PM
    If she's never worked then the only benefit that would be possible for her to claim is Universal Credit. Although if she's a student then she won't be able to claim UC unless she's claiming a disability benefit such as PIP or DLA.
    Unfortunately even that would not be enough. To claim UC, if not part of a couple or a parent, a student needs to have been found to have LCW before starting the course. Re diving PIP or DLA is not sufficient. Government has recently passed regulations to make this mor3 explicit (they say it just confirms the intention of the existing regulations). https://www.legislation.gov.uk/uksi/2020/827/made and https://www.legislation.gov.uk/uksi/2020/827/pdfs/uksiem_20200827_en.pdf
    The purpose of this instrument is to make it clear that the exception from the requirement to not be receiving education under regulation 14(b) of the Universal Credit Regulations 20131 (“the UC Regulations”) requires that the person is entitled to attendance allowance, disability living allowance or personal independence payment and must already have been determined to have limited capability for work (LCW). This determination could be made during an award of universal credit (UC), or during an award of employment and support allowance (ESA).

    This means an existing student cannot claim UC with a Fit Note and wait for a WCA determination to see if they are entitled.

    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Spoonie_Turtle
    Spoonie_Turtle Posts: 10,339 Forumite
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    edited 18 August 2020 at 11:00PM
    calcotti said:
    If she's never worked then the only benefit that would be possible for her to claim is Universal Credit. Although if she's a student then she won't be able to claim UC unless she's claiming a disability benefit such as PIP or DLA.
    Unfortunately even that would not be enough. To claim UC, if not part of a couple or a parent, a student needs to have been found to have LCW before starting the course. Re diving PIP or DLA is not sufficient. Government has recently passed regulations to make this mor3 explicit (they say it just confirms the intention of the existing regulations). https://www.legislation.gov.uk/uksi/2020/827/made and https://www.legislation.gov.uk/uksi/2020/827/pdfs/uksiem_20200827_en.pdf
    The purpose of this instrument is to make it clear that the exception from the requirement to not be receiving education under regulation 14(b) of the Universal Credit Regulations 20131 (“the UC Regulations”) requires that the person is entitled to attendance allowance, disability living allowance or personal independence payment and must already have been determined to have limited capability for work (LCW). This determination could be made during an award of universal credit (UC), or during an award of employment and support allowance (ESA).

    This means an existing student cannot claim UC with a Fit Note and wait for a WCA determination to see if they are entitled.

    Oh wow. So does that mean (say) a single school leaver, no dependants and wanting to go to uni (where they're not well enough to work to support themselves) would have to do a credits-only application for ESA to have a WCA, then they can claim UC whenever they get the decision of LCW/RA?

    Edit: although it is good they clarified exception, even if it's more punitive than most of us initially interpreted it.
  • poppy12345
    poppy12345 Posts: 18,882 Forumite
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    calcotti said:
    If she's never worked then the only benefit that would be possible for her to claim is Universal Credit. Although if she's a student then she won't be able to claim UC unless she's claiming a disability benefit such as PIP or DLA.
    Unfortunately even that would not be enough. To claim UC, if not part of a couple or a parent, a student needs to have been found to have LCW before starting the course. Re diving PIP or DLA is not sufficient. Government has recently passed regulations to make this mor3 explicit (they say it just confirms the intention of the existing regulations). https://www.legislation.gov.uk/uksi/2020/827/made and https://www.legislation.gov.uk/uksi/2020/827/pdfs/uksiem_20200827_en.pdf
    The purpose of this instrument is to make it clear that the exception from the requirement to not be receiving education under regulation 14(b) of the Universal Credit Regulations 20131 (“the UC Regulations”) requires that the person is entitled to attendance allowance, disability living allowance or personal independence payment and must already have been determined to have limited capability for work (LCW). This determination could be made during an award of universal credit (UC), or during an award of employment and support allowance (ESA).

    This means an existing student cannot claim UC with a Fit Note and wait for a WCA determination to see if they are entitled.

      would have to do a credits-only application for ESA to have a WCA, then they can claim UC whenever they get the decision of LCW/RA?

    Yes, that's exactly what it means, it's totally disgusting!
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 18 August 2020 at 11:04PM
    calcotti said:
    If she's never worked then the only benefit that would be possible for her to claim is Universal Credit. Although if she's a student then she won't be able to claim UC unless she's claiming a disability benefit such as PIP or DLA.
    Unfortunately even that would not be enough. To claim UC, if not part of a couple or a parent, a student needs to have been found to have LCW before starting the course. Re diving PIP or DLA is not sufficient. Government has recently passed regulations to make this mor3 explicit (they say it just confirms the intention of the existing regulations). https://www.legislation.gov.uk/uksi/2020/827/made and https://www.legislation.gov.uk/uksi/2020/827/pdfs/uksiem_20200827_en.pdf
    The purpose of this instrument is to make it clear that the exception from the requirement to not be receiving education under regulation 14(b) of the Universal Credit Regulations 20131 (“the UC Regulations”) requires that the person is entitled to attendance allowance, disability living allowance or personal independence payment and must already have been determined to have limited capability for work (LCW). This determination could be made during an award of universal credit (UC), or during an award of employment and support allowance (ESA).

    This means an existing student cannot claim UC with a Fit Note and wait for a WCA determination to see if they are entitled.

    Oh wow. So does that mean (say) a single school leaver, no dependants and wanting to go to uni (where they're not well enough to work to support themselves) would have to do a credits-only application for ESA to have a WCA, then they can claim UC whenever they get the decision of LCW/RA?
    That seems to be the work around.
    https://www.rightsnet.org.uk/forums/viewthread/16406/
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
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