ESA and Student

Hi All,

I am hoping that someone has more knowledge than me on this subject.

My daughter gets PIP and she is in full time education post 16. I have applied for ESA as the welfare section at the college advised me to.
I have been advised and seen that as she is in full time education and receives pip that she is already classed as having a limited availability to work.
The jobcentre keep asking for sick notes but as I have told them she doesn't work he doctors wont give sick notes. I was told to look at regulation 33 section 2, but there is a new legislation out on ESA and I cant find it in the new legislation.

I have now been sent a capability for work questionnaire, do I have to fill it in or is she already classed as having a limited availability for work and is just waiting to see which group she gets put in?

I am hopeful that someone out here can help, as I feel as if I am going round in circles and not getting any answers through the helpline.

Hi aa,

DWP will not automatically accept that your daughter has limited capacity for work. You/she will need to complete the ESA50 in detail, and send in whatever supporting documentation you can.

ESA will not be paid without a sicknote/fitnote to back this up. Her GP should be au fait with the system!

Please make good use of the ESA guide


ESA claims and appeals

May I suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your daughter's ESA without having to start a new topic each time. You probably remember that it helps us enormously when everything relating to the same claim is kept in one topic - and I hope you will find it useful too

This is where I am struggling as disability rights uk states:
"As a full time advanced student, you can only get income-related ESA if you are also getting disability living allowance (DLA) or Personal Independence Payment (PIP). As a higher education student you will be automatically counted as having limited capability for work. You will still be assessed under the limited capability for work-related activity test, which decides whether you are in the support group or the work-related activity group."

this is what is confusing me, a doctor is right not to give out a sick note when the claimant is not working. The gov website on esa also mentions students in full time education and on pip.

Being 'assessed under the limited capability for work-related activity test' involves filling in the ESA50 and possibly attending a face2face appointment. This part of the process is the same whether or not the claimant is already in receipt of PIP and studying.

A sicknote (now called 'fitnotes'!) is required in order for ESA to be paid. Your GP should know how the system works! Have you explained why one is being requested?

Message for Mrs Hurtyback

Thank you for your help, I just want to give you an update, after 9 weeks of fighting that a fitnote is not needed for students who are in full time education, a decision maker has agreed that fit notes are not needed.

ESA regs 33 (2)

Also in the decision maker guide volume 8 chapter 42 paragraph 42125

I hope that this can help any other students who claimed dla/pip and are trying to claim IR ESA.
You are already classed as havimg a limited capability to work and fitnotes are not required.

Hope this helps