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ESA migration for Disabled Student


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Hi

 

I hope someone can help me,

 

I have been in receipt of Disability Living Allowance Higher rate care & mobility since 1999. I have also been in receipt of Severe Disablement Allowance (SDA) continuously since 1998. My benefit didnt stop when they scrapped SDA and replaced it with Incapacity Benefit. I was just told I could remain on SDA indefinatly. This was also the case when they scrapped Incapacity benefit for Employment and support allowance. My benefit didn't change.

 

Alas, I have today received a form ESA50 to migrate from SDA to Employment & Support Allowance. I knew this would happen sooner rather than later due to all the benefit changes etc.

 

Having read the rules for exemptions for medical assessment I notice that I may fall into one of the categories for exemption of the assessment and am seeking confirmation that I am correct.

 

I am a mature student (age 34) studying 5 GCSE's on a full time college course. I have been on the course since Sept 2013. I read on a website that as a student who is in receipt of DLA then I am treated as having Limited Capabiliy for work.

 

Please can somebody clarify this information.

 

To give you some further info about my circumstances...I live with my husband and 3 children. My husband works full time but earns minimum wage. We also receive tax credits and some housing benefit.

 

I'm also wandering where I stand with claiming ESA due to my husband working and if this impacts on my exemption from the medical as I am a student.

 

Hope this all makes sense!

 

Thanks in advance

 

CDJ755

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students is not my area, but I'm not aware of a WCA exemption for disabled students. The only exemption I'm aware of is that certain full time disabled students are able to claim ESA, where as regular students can't.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Hi thanks,

 

This is an extract from a website

 

A claimant can also be treated as having limited capability for work in respect of certain (usually time-limited) situations. These are the following:

 

For the purposes of meeting the condition of having had limited capability for work for 196 days in order to qualify for contributory ESA through the youth route, a claimant will be treated as having limited capability for work on any day when they were entitled to SSP.8

For income-related ESA, they are a student in education and in receipt of DLA and does not count as a 'qualifying young person' - i.e. as in for child benefit.9

 

Does this make sense to anybody!!??

 

Thanks

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Hi thanks,

 

This is an extract from a website

 

A claimant can also be treated as having limited capability for work in respect of certain (usually time-limited) situations. These are the following:

 

For the purposes of meeting the condition of having had limited capability for work for 196 days in order to qualify for contributory ESA through the youth route, a claimant will be treated as having limited capability for work on any day when they were entitled to SSP.8

For income-related ESA, they are a student in education and in receipt of DLA and does not count as a 'qualifying young person' - i.e. as in for child benefit.9

 

Does this make sense to anybody!!??

 

Thanks

 

 

That's about 'youth' claimants, and as you're 34, it doesn't apply. It also doesn't mean what you think it does.

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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Hi again,

 

Sorry this is a link to the government website.

 

It says on it about disabled students on page 11/12 (special circumstances section). It's the very last bullet point of the list of special circumstances. It does not specify about "youth" or otherwise.

 

Please can somebody clarify this, thanks.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/248826/esa214-rev-oct2013.pdf

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Ok, so after digging around (I don't know a lot about student claims), I found this:

 

 

http://www.rightsnet.org.uk/forums/viewthread/3797/

 

 

Which seems to suggest that the guidance you quoted in #6 is somewhat incomplete and that the exemption for disabled students is only those in receipt of income based ESA, and only in respect of the LCW and not LCWRA.

 

 

What this means is that you need to be in full time education. You need to be in receipt of income based ESA and in receipt of DLA and then you can be treated as having LCW. But it doesn't mean you can't be assessed, as you would need to be in order to decide if eligible for support group.

 

 

As a migration you would be on contribution based ESA and therefore would not appear to be exempt from assessment. Given your situation it is preferable anyway to be on contribution based benefit as you would not be likely to qualify for an income based benefit with your husband working. You also need to be assessed for support group, because if you do not get put in support group, your contribution based ESA will only run for 365 days.

 

 

Anyone else want to weigh in? Anything to add or correct?

We hang the petty thieves and appoint the great ones to public office ~ Aesop

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