ESA/Full time student help.

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  • This is a question I ask myself, with a son on ESA and DLA at Uni who was just called into an assessment. Does 'education' mean any education, education at further, higher or even post grad level?

    Say my son had received his appt for a health assessment for his ESA.., what does he say to them to point out he automatically is considered LCW as per points 2 and 3?

    My son wrote on his ESA50 that he was a full time student, studying for a Masters and that he was in receipt of DLA. I assumed none of this was relevant anymore when he was called for an assessment. I wish I'd got him to query it at the time.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 12 December 2018 at 9:02PM
    Thank you.
    Sorry if I'm just being a bit thick but what does no.1 mean?

    Do you think he shouldn't of had to go for an assessment? Or did I misunderstand before.

    Not being thick at all - it’s jargon. There’s an explanation here https://www.turn2us.org.uk/Jargon-buster/Qualifying-Young-Person

    Although it appears that he may be entitled to be treated as having LCW automatically he would still need an assessment to determine if he should be in the Support a Group. LCW and Support Group are different and give rise to different benefit amounts.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • minimad1970
    minimad1970 Posts: 6,157 Forumite
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    edited 12 December 2018 at 10:11PM
    calcotti wrote: »
    Not being thick at all - it’s jargon. There’s an explanation here https://www.turn2us.org.uk/Jargon-buster/Qualifying-Young-Person

    Although it appears that he may be entitled to be treated as having LCW automatically he would still need an assessment to determine if he should be in the Support a Group. LCW and Support Group are different and give rise to different benefit amounts.

    Thanks. He was in the support group and had been for the previous 2 years, this was without an assessment. I've just looked at that link and I don't think it applies to my son as he's 23.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    edited 12 December 2018 at 11:04PM
    Thanks. He was in the support group and had been for the previous 2 years, this was without an assessment. I've just looked at that link and I don't think it applies to my son as he's 23.

    He’s not a qualifying young person so meets the three criteria which means that he should be entitled to be treated as having LCW. When you say he was in the Support Group without an assessment did he have to complete a Work Capability questionnaire (ESA50)?
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • calcotti wrote: »
    He’s not a qualifying young person so meets the three criteria which means that he should be entitled to be treated as having LCW. When you say he was in the Support Group without an assessment did he have to complete a Work Capability questionnaire (ESA50)?

    Yes he completed an ESA50.
    I'm going to ring the Disability Rights helpline later.
    Thanks.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    Yes he completed an ESA50.
    I'm going to ring the Disability Rights helpline later.
    Thanks.

    Although he did not have a face to face assessment the fact he completed an ESA50 means that he did have a Work Capability Assessment. A WCA decision can be made on the basis of the form alone.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • poppy12345
    poppy12345 Posts: 17,930 Forumite
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    calcotti wrote: »
    Although he did not have a face to face assessment the fact he completed an ESA50 means that he did have a Work Capability Assessment. A WCA decision can be made on the basis of the form alone.
    That's not possible because you can't be found fit for work without a face to face assessment. The only way this is possible is if you fail to attend or fail to return the form.
  • calcotti
    calcotti Posts: 15,696 Forumite
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    poppy12345 wrote: »
    That's not possible because you can't be found fit for work without a face to face assessment. The only way this is possible is if you fail to attend or fail to return the form.

    Sorry, think two time lines are getting muddled here. My understanding of OPs previous comments were that son was originally put into Support a Group without an assessment and I was seeking to clarify that if an ESA50 was completed then a WCA assessment had taken place.

    I agree that a claimant should not be found fit for work without a face to face assessment to inform the WCA decision. From the opening post I understand that son did have a face to face assessment this time round prior to being found fit for work.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • minimad1970
    minimad1970 Posts: 6,157 Forumite
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    calcotti wrote: »
    Sorry, think two time lines are getting muddled here. My understanding of OPs previous comments were that son was originally put into Support a Group without an assessment and I was seeking to clarify that if an ESA50 was completed then a WCA assessment had taken place.

    I agree that a claimant should not be found fit for work without a face to face assessment to inform the WCA decision. From the opening post I understand that son did have a face to face assessment this time round prior to being found fit for work.

    2 years ago-ESA50 filled out, no f2f assessment, placed in support group.

    This time ESA50 filled out, f2f assessment, ESA withdrawn completely.

    Both times he was a full time uni student in receipt of DLA and no change in his conditions.

    I tried to phone Disability Rights UK on thursday but couldn't get through, so I have to ring again on tuesday, between 11am-1pm.

    When I got to uni yesterday to collect my son I found him collapsed on the floor and an ambulance had been called. He was in agony and couldn't breathe, he said he thought he was going to die, it wasn't like his usual panic attacks. The hospital ran an ECG, blood test and a chest x-ray and they think it's either a bacterial or viral infection so he's being treated for both. They did say that the stress of all this wouldn't have helped. So I think due to this he'll put in for MR but not take it to a tribunal.

    Thanks for all the help and advice.
  • He has the option not to attend the tribunal. It can be done on paper, in a private hearing.

    Whilst the odds of success are better if the claimant attends in person, if he really can't face the hearing, a paper-based appeal is better than doing nothing.
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