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QUERY RE: ESA, PIP AND FULL TIME STUDY

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7 years 11 months ago #193353 by Pete266
Hi

Apologies in advance if this topic has already been covered but I'm new to this and couldn't find the answer upon looking through the forum hence my reason for asking!

One of my children is currently in receipt of ESA and in the WRAG group, doing a couple of hours voluntary work under DWP's "permitted work" scheme which they are fully aware of as a PW1 form has been submitted. She has a forthcoming PIP assessment but at the same time is due to commence a full time course in September where all reasonable adjustments have been implemented to help her achieve this.

My questions are:

1) Is it correct she can only retain her ESA if she is in receipt of PIP?

2) If she is turned down for PIP by the time the course starts in Sept, and ends up going through a MR and Tribunal which would likely be seen in her favour, is there any way to reclaim the ESA she would have lost?

3) At present she has not informed DWP that she will be studying due to conflicting advice from CAB and a local advice centre. One advised to "say nothing", the other said "declare you are studying in August just before you start in September". Could someone please clarify as understandably she doesn't wish to lose benefit or do anything wrong.

Many thanks for your help

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7 years 11 months ago #193367 by Gordon
Replied by Gordon on topic QUERY RE: ESA, PIP AND FULL TIME STUDY
Pete

1. You can only receive Income Related ESA while doing a full time further education course if the claimant is also in receipt of DLA or PIP.

2. It should be possible but it will likely be complicated so I would recommend your getting face to face advice at that time, you need an advisor who can communicate directly with the DWP on your behalf.

3. Whoever said to say "nothing" is an idiot! Failing to disclose a Change of Circumstances, which her starting College or University would be, would lead to a recoverable overpayment and could lead to a Civil Penalty as well. I would recommend telling them in the week before she starts her course. ESA is paid two weekly in arrears, so she should be covered.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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