Adult dependant, ESA

Hi, my 20 year old stepson is profoundly deaf and without speech due to meningitis at 10 months old.

His education was virtually non-existent until he began college after leaving school, when we enrolled him for Independant Living Skills. Such a transformation, he has learned so much during the past 3 years. That said he is istill well below what would be expected of a 20 year old man. His further education will continue until he reaches a suitable standard to be able to find a job.

The meningitis also left other problems, including learning difficulties and forgetfullness.

My current situation is this, both tax credits and chils benefit stop on his 20th birthday next week. Housing benefit and Council Tax have already informed us that he now needs to contribute. Following a 'phone call and providing evidence they have allowed his discount during the time he is in education (not between courses though, June to September).
I believe that he will be entitled to ESA in the support group whilst a student, and need advice on this please.

Sorry, I forgot to mention he receives PIP, I believe this entitles him to ESA?

Reebok wrote: Sorry, I forgot to mention he receives PIP, I believe this entitles him to ESA?

Hi R,

You missed that very important fact out from your initial query !

See this extract :

"Can I claim employment and support allowance as a full time advanced higher education student?"

"If you are a student you can claim contributory ESA if you have paid enough national insurance (NI) contributions. You will have to satisfy the limited capability for work test.

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."

From : This Page.

So yes, under the above scenario, if in receipt of PIP, they would have automatic entitlement to ESA.

However, they would still have to go through The ESA Assessment process, and have no automatic entitlement to The WRAG or The Support Group. (SG)

See also :

www.gov.uk/employment-support-allowance/overview

ESA Claims Guides

&

ESA FAQ’s

bro58