The DWP have issued new regulations regarding students claiming Universal credit which are planned to come into effect on 15 December 2021.
At the moment, we advise parents to make a contribution credits only claim for new style ESA in order to get the work capability assessment carried out which then enables a student to claim UC (students who have PIP/DLA care and limited capability for work and are able to make a claim for UC).
Although this was a long, drawn-out procedure, it enabled our members to claim UC.
The DWP have now changed this so that a person in receipt of DLA or PIP will only be entitled to UC if they have been found to be or treated as having, limited capability for work on a date before they started receiving education.
For our students who have reached the September after their 19th birthday, it may be possible to convince DWP not to treat them as ‘receiving education’ if they are on life skills courses.
There is a judicial review concerning the lawfulness of the rules for Universal credit and students who have disabilities which is due to be heard at the end of November. If the DWP are unsuccessful, the new rules will not be implemented.
If you have any questions or concerns, contact the DSA Helpline’s Benefits Adviser:
- Monday & Thursday 10am-4pm, Tues & Weds 10am-12.30pm
- Telephone: 0333 1212 300
- Email info@downs-syndrome.org.uk