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HELP!!! Full time student with a PIP award.

  • Cassandra Sheppard
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5 years 11 months ago #218667 by Cassandra Sheppard
HELP!!! Full time student with a PIP award. was created by Cassandra Sheppard
I am a 50 year old, full time, final-year degree student. I am single (divorced). I began my course in October 2016. My daughter is 20 and attending university outside of London.

I was diagnosed with Fibromyalgia in 2009 but have managed my symptoms and been able to work etc., using significant quantities of pain relief. Unfortunately, I am no longer able to take my usual top-up pain medication - which has literally kept me going for 9 years, because it has damaged my kidneys.

I have worked throughout my course, but have been really struggling to manage my symptoms. I have had four different types of medication but the side effects are dreadful. AT one point, I slept through my home being flooded! My increasingly chronic symptoms have had a detrimental impact on my attendance etc. As a consequence of this, I was advised to apply for DSA which I was awarded during the summer of 2017. I am now provided with DSA funded transport between my home and campus, together with other support to facilitate my study needs at university.

On the advice of my DSA Assessor, I finally applied for PIP this year, and am in receipt of standard rate in respect of daily living needs (awarded 6th November 2017 to 28 February 2020). I believe that I should have been awarded the enhanced rate, but I have not been well enough to pursue this.

Unfortunately, my symptoms are worsening, so I need to try to reduce my working hours or stop working until my medication can be sorted out. My GP has given me a fit note saying that I need to work less. However, I am very worried about how I will pay my rent and bills if I do do this.

I have tried to understand the rules for claiming housing benefit and ESA but I am completely confused. I live in a universal credit full service area and need to report two changes of circumstance - a rent increase and a significant decrease in my income.

Please could you help me to understand whether I must work for a minimum number of hours each week to get some help, whether I can claim ESA and/or Housing Benefit, and how this all works in practice? I don’t understand the difference between the two types of ESA. Do I need to be signed off as unfit to work for 6 months in order to make a claim? I have been looking for less physical work which fits around my lecture timetable, but am struggling to find enough hours of work. Most employers don't want someone who isn't completely well.

As a full-time student with a PIP award, can I claim HB?

I have a student loan for living costs.

Please help – I am really worried about how I will pay my bills etc.

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5 years 11 months ago #218669 by Gordon
Replied by Gordon on topic HELP!!! Full time student with a PIP award.
Cassandra

Can you clarify, you say you are working but also that you are a full-time student, which is it? Or are doing both.

If you have worked then how long for and in particular during which years.

I am going to advise you get face to face advice, I believe you are caught in a Catch 22 and you will need the direct assistance of an advisor to try and get past this.

If you are in a UC Full Service area then you can no longer claim ESA or HB, you must claim UC, however, and this is the catch, as a full-time student you cannot claim UC unless you meet certain criteria, the only ones that would be applicable to you are that you are receiving PIP and you have what is called Limited Capability for Work but you can't get the LCW unless you are able to claim UC.

There are way around this but they are long-winded and may not provide you with income in the interim and you will need the help of a trained advisor who can act on your behalf with the DWP, something we cannot do on the forum.Do an internet search for "welfare advice" with your postcode, town or county.

Gordon

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

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5 years 11 months ago #218688 by Cassandra Sheppard
Replied by Cassandra Sheppard on topic HELP!!! Full time student with a PIP award.
Hello Gordon,

Thanks so much for your response.

Unfortunately, I ran out of energy and fell asleep so didn't see it until this morning!

It is both. I am unable to afford to be just a full time student so I found a job which fitted around my timetable and have been doing that since starting my course in October 2016.

Prior to that I worked at a Learning Mentor and SEN Teaching Assistant for 7 years. Prior to that I had a two year break to care for my newly-disabled daughter who couldn't attend school full time, and prior to that I was a senior manager in local government for 20+ years.

I have sought welfare advice but to be honest apart from the PIP application, it wasn't particularly helpful. I think they felt that I am capable of sorting things out myself, so I feel rather "on my own" with this and very low which doesn't help with 'the fight'.

I can manage to pay my rent using my student loan and overdraft for a couple of months if I am very, very careful, but have no money for anything else. My current employer has offered me a few hours a week to keep me going - they have been amazing, but just couldn't afford to keep me on and pay for alternative workers when I was too unwell to work.

I was looking at the new style ESA information but it is very confusing. I was wondering whether I should claim for new style ESA and if I do, whether that will get me assessed for LCW? Although my fantasy scenario is to be able to stop work until June 2019 whilst I finish my course (I have literally been on my knees health-wise for the past 18 months), I am happy to continue working, preferably part-time - I just need to do something which is not so physically challenging, which is what I am struggling to find.

Do you think it is worth ONLY doing a change of circumstance to my local authority regarding my HB? Or is this not possible? I don't have to claim ESA - my priority is to be able to pay the rent, but my earned income will be less than half of what I was earning from this week...

Thank you,

Cassandra

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5 years 11 months ago #218703 by Gordon
Replied by Gordon on topic HELP!!! Full time student with a PIP award.
Cassandra

If you currently do not claim Housing Benefit then the only way to do so if you are in a UC Full Service area is via UC but you then hit the full-time student issue. As far as I am aware there is no way for you to claim HB as a legacy benefit in a UC area.

You can make a claim for New Style ESA, in fact, I would recommend you do so as it is the only route to your attaining LCW, however, there are still problems with this unless you have been paying NI Contributions or earned sufficiently for you to have been credited with them,

To receive payment for New Style ESA you need to have received at least 50 weeks of NI Contributions in both of the last two Tax Years before the current year, these are 2015-16 and 2016-17.

If you haven't received the NICs then you can still progress the claim, unpaid and if you are found to have LCW then you can apply for UC and HB. The problem is that there are considerable delays in the LCW assessment process, if they prioritise new claims then it may not be a huge issue but if they don't then we have members reporting delays of 9 months or more.

Gordon

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5 years 11 months ago #218728 by Cassandra Sheppard
Replied by Cassandra Sheppard on topic HELP!!! Full time student with a PIP award.
Thank you, Gordon.

That is really helpful.

I do currently claim Housing Benefit and receive a small amount each fortnight, based on my income, although I've never been certain this is okay, given that I am also a full-time student. Will notifying a change of circumstances (wage reduction due to health and rent increase) force a move to UC? Is it best to do this immediately, or when I have some wage slips showing my change of income?

Do you think it will be okay to deal with my Housing Benefit change of circumstances at the same time as making a claim for New Style ESA?

Also, please could you tell me how I can find out whether I have paid enough NICs? I would be very surprised if I haven't...

Thank you so much for your help. It is much appreciated.

Cassandra

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5 years 11 months ago #218739 by Gordon
Replied by Gordon on topic HELP!!! Full time student with a PIP award.
Cassandra

Check with HMRC they can tell you what Contributions you have received.

If you already receive HB then it is an amendment to your existing claim and you won;t need to claim UC.

Even if you don't have the NICs it is still worth completing the New Style ESA claim as it will hopefully give you LCW.

Gordon

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