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STUDENT ELIGIBILITY VIA PIP + WCA FOR UC

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4 years 9 months ago #249773 by Sudu
I’d really appreciate any help on this if you can. This is about a disabled 27 year old who was a university student who took an agreed two years out to recover from a horrendous assault. He intends to return to university late September 2020 to complete his degree.
In May/June 2020, in order to hopefully qualify for UC once he became a student again, he applied for PIP and nsESA ‘credits only’ (to trigger the WCA) and a few days later, also applied for UC as he had no income.
The ESA credits claim was accepted and he was put on the waiting list for the WCA. However, a few days later after the UC claim was processed, he was told his ESA claim
had been cancelled ‘as he was now receiving UC which takes precedence over ESA’. It was pointed out to DWP that ESA and UC can run independently alongside each other, however the ESA advisor dug her heels in and was adamant that the ESA claim had been cancelled and could not be reinstated, nor could we appeal that decision as he’d been transferred onto the UC WCA waiting list. Incidentally, we are still well within the month to appeal if necessary.
The main aim here is to get the WCA done as it (+PIP) are prerequisites for claiming UC as a student. Have I got the right end of the stick with the following questions?:
a) will his UC be immediately cancelled once he becomes a student because he probably won't have the WCA and PIP in place by then?
b) will the UC WCA also be cancelled immediately as its linked to UC and the DWP will see it as no longer being required if he’s not receiving UC?
c) if he could get the WCA wait transferred from UC back to ESA claim, would it remain in place until the WCA has been completed, even though he becomes a student again while waiting for it to take place?

Many thanks in advance.

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4 years 9 months ago #249803 by Gordon
Replied by Gordon on topic STUDENT ELIGIBILITY VIA PIP + WCA FOR UC
Sue

Don't assume the staff on the Helpline know what they are talking about :(

There is no reason why a claimant cannot claim both NS ESA and UC at the same time but you are using a "trick" to get around the UC regulations and being a fulltime student, the DWP are aware of this and according to the Welfare Rights forum, are starting to push back against it.

NS ESA and UC are not the same in regard to sickness payments; NS ESA pays Class 1 NI Credits which in addition to being used in regard to your State Pension can also be used (in part), for a new claim of NS ESA. UC only pays Class 3 Credits which can only be used for your pension.

So, even though you can legally claim both anyway, you might want to use the NI Credits to push back on the DWP.

To answer your questions.

a. My expectation is that the UC claim will be rejected if you are a fulltime student.

b. Yes

c. NS ESA has no restrictions on students

Gordon

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

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