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UC, LCWRA and studying full time online

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1 week 6 days ago #303097 by Lou
Hi,

I have been offered a place to study law full time online at ULaw for 4 years which includes a foundation year as I was accepted on a non standard route. I really want to do this course as I think it will improve my depression, I have been a full time mother for 20 years and have two autistic teenager who have ADHD, one is 17 in doing A levels and one is 19 at art uni. My ex husband supported us for all those years but last year lost his job and I have been claiming since and due to my mental health issues have been given LWCRA. I want to get off of benefits and become independent financially but I have a poor education and I am dependent on UC for my rental costs and supporting my two teenagers this exasperates the anxiety and I feel trapped in this cycle. Even if I was well enough to work now I would not earn enough to cover what my ex husband was paying or now what UC are paying.

I have been advised that because the course is online and I have LCWRA this will not affect my UC. However when my son leaves school in 2026, I will also lose the UC element for him £333 and Child Benefit £102 but Ive been told it wont affect UNLESS I have PIP aswell as lWCRA, I applied last year for PIP but was rejected even after a mandatory reconsideration.

I have to complain twice due to the appalling health assessors treatment which exasperated my anxiety massively and made me feel like a criminal.

Can anyone advise?

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1 week 6 days ago #303100 by David
Replied by David on topic UC, LCWRA and studying full time online
Hi Lou

One thing you need to remember with UC if you are eligible for student finance and decline to take it then the DWP will assess it as " notional income ".
As far as PIP is concerned the majority of Forum members have a negative Mandatory Reconsideration but win on appeal at the Tribunal. You can find out about the Tribunal application in the Guides section of BenefitsandWork.
www.benefitsandwork.co.uk/personal-indep...ment-pip/pip-appeals

David

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1 week 3 days ago #303141 by David
Replied by David on topic UC, LCWRA and studying full time online
Hi Lou

Here are the correct rules regarding UC and students. Another forum user has attempted to post incorrect advice.

Which students can claim UC?
If you do not count as a student (‘receiving education’), for example because you are 20 or over on a non-advanced course with no student income, and the course is compatible with your work-related requirements, see above, you can claim UC.

If you are studying and receive a migration notice, see migration to universal credit.

Otherwise, you are only eligible for UC if you are a student (‘receiving education’) if:

you are a parent (‘responsible for a child’). You must have a child that is under 16, or 16-19 in full-time non-advanced education. Where separated parents share the care of a child, only one can be responsible (the one with ‘main’ responsibility);
you are ill/disabled. You must have been assessed by the DWP as having limited capability for work before you start your course, and also get adult disability payment (ADP), personal independence payment (PIP), disability living allowance (DLA) or child disability payment (CDP). If you have not yet been assessed as having limited capability for work, you cannot claim UC. Instead, you can claim ‘new-style’ (contributory) ESA on a credits-only basis to have your limited capability for work assessed, and then claim UC when your course has ended, and before you start any subsequent course;
you are under 21 (or are 21 but were under that age when you started your course) on a full-time non-advanced course and are ‘without parental support’ (see below), eg, you are estranged from your parents or living away from them in other specified circumstances;
you are a single foster parent (this includes some single kinship carers), or you are in a couple, both of you are students, and one of you is a foster parent;
you are over pension age (this is age 66);
you have taken time out of your course because of illness/disability or caring responsibilities and have now recovered or your caring responsibilities have ended, and you are not eligible for a grant or loan; or
you have a partner who is not a student, or who is a student and one or both of you fit into one of the groups above.

David

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