19 year old CTC/CB/ESA question

kaysdee

Thanks in advance if anyone can assist.

My son will be 20 in late November and currently has a PIP award for enhanced care and mobility. He is still on my CTC award, where his element is due to end 31/08 with the end of child benefit. My daughter will also drop off the claim as she has turned 18 and will start uni in September (I understand that part) and my youngest is 16 so the award continues in his name.

Eldest was due to move to supported living this month so I was intending to inform them as and when, but he will now be with us beyond September, albeit he may move soon after. I’m slightly confused around the rules of CB and CTC for a disabled 19 year old. I’ve read that a claim can continue if he is under 20? He left sixth form college last week (6th form is 3 years as a special school) and is starting a new specialist college in September for 3 days a week, which I believe is classed as full time. I received a “staying in education” CB letter but I’m unsure if he is eligible. He won’t get any qualifications due to the nature of his disabilities but it isn’t higher education. I’m unsure what I would say he is studying as it is basically life skills.

I’m just wondering if it’s worth the hassle on the basis that even if he was eligible to “stay on” it wouldn’t continue beyond his 20th birthday. Like I said, I wasn’t expecting him to still be at home. When he moves, he will claim UC with the housing element  (this is what the local authority said anyway) and he’s been financially assessed as not having to contribute to his care costs (he’ll require 24/7 care). If I don’t continue CTC, can he apply for ESA even though he’s at home still? I may be misunderstanding that maybe he can only apply for ESA when he is not living at home? He won’t have capability to work in either scenario.

I’ll obviously seek guidance from welfare rights, but just thought I’d ask if anyone had any real life experience who can share.

Sorry, this is longer than intended! 

Many Thanks

poppy12345

Child benefit and Tax credits can't continue past their 20th birthday. Both of them stop the day before their 20th birthday. As he doesn't reach this age until late November if he continues with full time non advanced education then you just need to make sure you tell them.

When he moves into supported housing he will need to claim Universal Credit. It's no longer possible to claim the old Income Related ESA because UC has replaced that. Once he claims this your benefits for him will end. New style ESA wouldn't be possible because he hasn't worked in the previous 2 tax years.

When he claims UC he will need to make sure he reports his health condition, supported by a fit note within 7 days of that. Then continue to send them without any gaps until a decision is made on the work capability assessment.

As he'll be living in Supported housing then he will need to claim housing benefit from his local Authority for help with the rent.

bigbill

poppy12345 said:

When he moves into supported housing he will need to claim Universal Credit. 



New style ESA wouldn't be possible because he hasn't worked in the previous 2 tax years.

Why would he get Universal Credit?

He should claim new style ESA now it will be a credit only claim and later have a work capability assessment which could help with his future UC claims.

poppy12345

bigbill said:

poppy12345 said:

When he moves into supported housing he will need to claim Universal Credit. 



New style ESA wouldn't be possible because he hasn't worked in the previous 2 tax years.

Why would he get Universal Credit?

He should claim new style ESA now it will be a credit only claim and later have a work capability assessment which could help with his future UC claims.

Because he will be entitled to UC in his own right once he lives in supported housing. How can he claim NsESA now when child benefit and tax credits are still be claimed for him?

bigbill

poppy12345 said:

bigbill said:

poppy12345 said:

When he moves into supported housing he will need to claim Universal Credit. 



New style ESA wouldn't be possible because he hasn't worked in the previous 2 tax years.

Why would he get Universal Credit?

He should claim new style ESA now it will be a credit only claim and later have a work capability assessment which could help with his future UC claims.

Because he will be entitled to UC in his own right once he lives in supported housing. How can he claim NsESA now when child benefit and tax credits are still be claimed for him?

UC as a student unlikely as he has not had the WCA before becoming a student and he is not estranged from parents?

A credit only ESA claim will not effect any ongoing CTC or child benefit award.

kaysdee

Thanks both.

I looked at the online form for CB and it doesn’t look like he will be eligible anyway as he wasn’t accepted onto the course before his 19th birthday, which seems to be the rule for an under 20 claim.

I’ll assume both CB and CTC will end at the expected original dates. This may be for the best anyway as I’m anticipating a migration letter to UC at some point soon and I won’t qualify under UC rules due to savings so transitional protection is potentially at risk if there was then a change of circumstances.

My understanding is that there are slightly different rules for disabled students and UC - at least this is what the housing association and his social worker have led me to believe. When I look at the UC guidance I understand this may not be as straight forward as I thought as I’m reading that UC needs to be applied for before he “begins” education if he hasn’t already had a WCA, which he hasn’t, but definitely does not have a capability to work. Upon reading further, I think the distinction may be that he may not be deemed to be “receiving education” due to the nature of the course and it will therefore be a standard claim. I know this will all take time.

Whilst we won’t be estranged when he moves, I’ve been told that he will be classed as not having parental financial support as we won’t be claiming anything for him by that point and they essentially need to consider him as such to facilitate the move.

If nothing else, this has been very helpful for me to realise I need to explore this fully before he moves as I’ve had more than enough unpleasant surprises this year already and the move is already a difficult prospect.

Thanks again

poppy12345

bigbill said:

poppy12345 said:

bigbill said:

poppy12345 said:

When he moves into supported housing he will need to claim Universal Credit. 



New style ESA wouldn't be possible because he hasn't worked in the previous 2 tax years.

Why would he get Universal Credit?

He should claim new style ESA now it will be a credit only claim and later have a work capability assessment which could help with his future UC claims.

Because he will be entitled to UC in his own right once he lives in supported housing. How can he claim NsESA now when child benefit and tax credits are still be claimed for him?

UC as a student unlikely as he has not had the WCA before becoming a student and he is not estranged from parents?

He will likely qualify for UC once he's living in supported housing, even though he's a student.