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Disabled student and Universal Credit

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I have an 18 year old son with ADHD and other co morbidities for which he receives ADP. 

 He has left an apprenticeship after 2 months because he could not cope. 

He applied for UC mid November and is waiting for a work capability decision. 

He has found a full time non advanced education course from Jan to June, which he is interested in.

Ive been informed that if he starts the course his UC claim will close as he will be classed as “receiving education” and he will be added back to my claim as a dependent. 

The issue we have is, he wants to start university in September 2024 but needs to be either in the LWC or LWCRA group before he starts University, otherwise he won’t be eligible for UC.

If he gets a decision before the college course starts we are fine, but if not, his claim will close.

We could apply for UC after his course finishes mid June 2024 but there’s no guarantee he will get a decision re LCW before his University course starts.

The only option I see is he doesn’t start the college course, continues this claim, tries to hold down a small part time job and waits for an outcome. 

This seems odd as surely a child wanting to better themselves through education shouldn’t be penalised.

Thanks in advance 

Comments

  • marcia_
    marcia_ Posts: 3,436 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    straight said:

    I have an 18 year old son with ADHD and other co morbidities for which he receives ADP. 

     He has left an apprenticeship after 2 months because he could not cope. 

    He applied for UC mid November and is waiting for a work capability decision. 

    He has found a full time non advanced education course from Jan to June, which he is interested in.

    Ive been informed that if he starts the course his UC claim will close as he will be classed as “receiving education” and he will be added back to my claim as a dependent. 

    The issue we have is, he wants to start university in September 2024 but needs to be either in the LWC or LWCRA group before he starts University, otherwise he won’t be eligible for UC.

    If he gets a decision before the college course starts we are fine, but if not, his claim will close.

    We could apply for UC after his course finishes mid June 2024 but there’s no guarantee he will get a decision re LCW before his University course starts.

    The only option I see is he doesn’t start the college course, continues this claim, tries to hold down a small part time job and waits for an outcome. 

    This seems odd as surely a child wanting to better themselves through education shouldn’t be penalised.

    Thanks in advance 

     Some useful advice https://contact.org.uk/help-for-families/information-advice-services/benefits-financial-help/benefits-at-16/

    scroll down to 

    Claiming benefits in their own right as a young adult


  • tacpot12
    tacpot12 Posts: 9,261 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    I would seem that not starting the course if his ability to work hasn't been established is the only safe course of action, so that his ability to attend university is established.  I agree that this is undesirable, and so would recommend you contact your MP to ask that the rules be changed. This isn't going to help your son, but might help someone else in the same situation.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • pmlindyloo
    pmlindyloo Posts: 13,092 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    straight said:

    I have an 18 year old son with ADHD and other co morbidities for which he receives ADP. 

     He has left an apprenticeship after 2 months because he could not cope. 

    He applied for UC mid November and is waiting for a work capability decision. 

    He has found a full time non advanced education course from Jan to June, which he is interested in.

    Ive been informed that if he starts the course his UC claim will close as he will be classed as “receiving education” and he will be added back to my claim as a dependent. 

    The issue we have is, he wants to start university in September 2024 but needs to be either in the LWC or LWCRA group before he starts University, otherwise he won’t be eligible for UC.

    If he gets a decision before the college course starts we are fine, but if not, his claim will close.

    We could apply for UC after his course finishes mid June 2024 but there’s no guarantee he will get a decision re LCW before his University course starts.

    The only option I see is he doesn’t start the college course, continues this claim, tries to hold down a small part time job and waits for an outcome. 

    This seems odd as surely a child wanting to better themselves through education shouldn’t be penalised.

    Thanks in advance 

    I am a little confused.

    Your son has applied for UC but he has not yet received a work capability decision.
    He may want to do a non advanced education course in January.

    If he does and has not received his work capability decision by then he cannot receive UC but will be added back onto your claim as a non dependent.  Is this not an option?

    If he goes to university in September 2024 then he would be eligible for certain student loans.  Would it be a problem if he was not receiving UC whilst at university?  Are you concerned that he would not be able to repay his student loans?
  • straight said:

    I have an 18 year old son with ADHD and other co morbidities for which he receives ADP. 

     He has left an apprenticeship after 2 months because he could not cope. 

    He applied for UC mid November and is waiting for a work capability decision. 

    He has found a full time non advanced education course from Jan to June, which he is interested in.

    Ive been informed that if he starts the course his UC claim will close as he will be classed as “receiving education” and he will be added back to my claim as a dependent. 

    The issue we have is, he wants to start university in September 2024 but needs to be either in the LWC or LWCRA group before he starts University, otherwise he won’t be eligible for UC.

    If he gets a decision before the college course starts we are fine, but if not, his claim will close.

    We could apply for UC after his course finishes mid June 2024 but there’s no guarantee he will get a decision re LCW before his University course starts.

    The only option I see is he doesn’t start the college course, continues this claim, tries to hold down a small part time job and waits for an outcome. 

    This seems odd as surely a child wanting to better themselves through education shouldn’t be penalised.

    Thanks in advance 

    If he does and has not received his work capability decision by then he cannot receive UC but will be added back onto your claim as a non dependent.  Is this not an option?

    If he goes to university in September 2024 then he would be eligible for certain student loans.  Would it be a problem if he was not receiving UC whilst at university?  Are you concerned that he would not be able to repay his student loans?
    If his claim is closed for him to go back onto OP's claim then he can't have a WCA, so he wouldn't have a decision before going to university and then won't be able to claim UC as a full-time student.

    Most uni students have to work to support themselves because the finance and loans available aren't enough, but for a disabled student just getting through the course can be difficult enough and having to work on top would make them unable to complete their university work.  Presumably this is the case for the OP's son.
  • Yes that is exactly right Spoonie_Turtle. There is no way he would be able to hold down a job whilst studying.

  • pmlindyloo
    pmlindyloo Posts: 13,092 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I see that you are in Scotland.

    Is your son considering going to university in Scotland or another country?

    It might be worth doing some investigation into the finance available in whichever country he would like to study in.

    There may be extra money available for students with disabilities.

    It is also worth noting that if he was awarded Universal Credit then some of the student finance would be deducted from this benefit.

    You will probably need some specialist help in order to consider the best option.  I will see if I can find any links to help.

    I have found this link for England which gives general information.

    Help if you're a student with a learning difficulty, health problem or disability: Eligibility - GOV.UK (www.gov.uk)
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