Universal Credit eligibility

InAPickle76

Hi, our son is 18 and in full time education at college. He is autistic and has an EHCP in place. He currently receives PIP - enhanced care and mobility. We claim child tax credit for him. Would he be better claiming UC in his own right? Is he eligible to apply if he is still in full time education and still living with us? My husband is his main carer and claims carers allowance. Advice advice very much appreciated

tacpot12

The text below is copied from this page: Universal Credit and students - GOV.UK (www.gov.uk)

"You may also be able to get Universal Credit if you’re studying in full-time non-advanced education, you do not get a student loan or maintenance grant and you are available for work. If the course is more than 12 hours a week, this only applies from 1 September following your 19th birthday. This is because your parents can claim benefits for you before that date."

So it will depend on the number of hours per week that his course entails, whether it is an advanced or non-advanced course, whether he is available for work for upto 35 hours a week, and his age. Be aware that if he claims Universal Credit, the DWP might  expect him to give up his course if he is offered work, but if the course is clearly vocational and likely to improve his employability, they might not require this.

poppy12345

Full time students are unable to claim UC unless they've been found to have limited capability for work before their college course began. New rules were updated in 2021. Full details here. https://askcpag.org.uk/content/207854/universal-credit-and-disabled-students-an-update

For this reason you're definitely better off remaining on tax credits. However, you will soon be invited to apply for UC for yourself as part of the managed migration process.If he's still in full time non advanced education at that time then you'll be entitled to the child element for him but this will end on 1st September following his 19th birthday.

Spoonie_Turtle

poppy12345 said:

Full time students are unable to claim UC unless they've been found to have limited capability for work before their college course began.

Yes, but not necessarily for non-advanced education.  As an 18yo in college, could be advanced or non-advanced. 
If non-advanced, it has to be compatible with work requirements … the level of those will depend on the reasonableness of a work coach while he awaits a WCA, and then the outcome of the WCA.

OP, what qualifications is your son studying for?

poppy12345

Spoonie_Turtle said:

poppy12345 said:

Full time students are unable to claim UC unless they've been found to have limited capability for work before their college course began.

Yes, but not necessarily for non-advanced education.  As an 18yo in college, could be advanced or non-advanced. 
If non-advanced, it has to be compatible with work requirements … the level of those will depend on the reasonableness of a work coach while he awaits a WCA, and then the outcome of the WCA.

OP, what qualifications is your son studying for?

It's my understanding that it applies to all full time students, with parental support,  even if you're in non advanced education. I do find the rules complicated though.

However, having said that i can't understand why the OP wants to end their child tax credits for the son because when i was claiming them for my disabled daughter, i received a lot more than what she was entitled to on UC. This is because of the extra money i was entitled to because of her PIP award.

If a claim for UC can be made for the son then i'd urge them to look at the figures before doing anything. Once the son claims UC in their own right their child tax credits for them will end.

Spoonie_Turtle

poppy12345 said:

Spoonie_Turtle said:

poppy12345 said:

Full time students are unable to claim UC unless they've been found to have limited capability for work before their college course began.

Yes, but not necessarily for non-advanced education.  As an 18yo in college, could be advanced or non-advanced. 
If non-advanced, it has to be compatible with work requirements … the level of those will depend on the reasonableness of a work coach while he awaits a WCA, and then the outcome of the WCA.

OP, what qualifications is your son studying for?

It's my understanding that it applies to all full time students, with parental support,  even if you're in non advanced education. I do find the rules complicated though.

However, having said that i can't understand why the OP wants to end their child tax credits for the son because when i was claiming them for my disabled daughter, i received a lot more than what she was entitled to on UC. This is because of the extra money i was entitled to because of her PIP award.

If a claim for UC can be made for the son then i'd urge them to look at the figures before doing anything. Once the son claims UC in their own right their child tax credits for them will end.

From what the gov.uk page and the CPAG page say, I interpret it as meaning they don't need LCW if they're in non-advanced education, recieve no student finance, and the course is compatible with work requirements - for nondisabled youngsters, that would likely be the sticking point.  And for disabled youngsters with militant work coaches!  But I find the rules confusing too, so I'm not 100% sure either way.

Completely agree they need to look into the figures before doing anything, though that appears to be one of the main reasons they posted.

OP if your son were able to claim UC in his own right he'd get £292.11 per month, unless he were later assessed as having LCWRA (not at all guaranteed for autistic people, they need to have high support needs in the 'right' areas - having an EHCP is not necessarily an indicator) in which case he'd get an extra £390.06 per month, but waiting lists for a WCA are long.  If he were found to have LCWRA he'd be entitled to the extra amount from the 4th month of his claim, providing he supplied fit notes the whole time until the WCA.

^ That should help you start to calculate whether you'd lose more than that in your benefits for him.

InAPickle76

Thanks so much everyone So much excellent info/advice - I am really grateful. Our child tax credit award has just been reduced to £123 every 4 weeks - I also have a younger daughter who does not have any additional needs. So the UC payment would be higher than this for my son. Nothing is ever straight forwards, and I find it even more challenging with regards to disability support. Is it worth going to somewhere like Citizen's Advice to get advice on the best course of action? 

InAPickle76

Spoonie_Turtle said:

OP, what qualifications is your son studying for?

He is studying IT - going onto a Level 2 course in September.