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Does a new claim have to be ESA or UC?

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1 year 3 weeks ago #284970 by VeryNiceMan
Does a new claim have to be ESA or UC? was created by VeryNiceMan
I wonder if you can help me please.

My 22 year old son has severe learning difficulties (and epilepsy) and will never be able to act for himself. He has been receiving PIP since the age of 16 and DLA before that. He left the education system in July and I need to claim relevant adult benefits for him so that he has an income in his adult life.

In our annual Office of the Public Guardian review meeting, we were advised to claim ESA for our son. However, I'm confused. Is it still possible to claim ESA, or do I need to make a UC claim?
Many thanks,

Paul Watson.

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1 year 3 weeks ago #284988 by Gary
Replied by Gary on topic Does a new claim have to be ESA or UC?
Hi Paul

Welcome to the forum.

In case you are not aware your real name may be showing as your Forum ID, if this is the case then I recommend that you change it as soon as possible. See

www.benefitsandwork.co.uk/guides-for-claimants/faq/forum

In answer to your question, unless your son has the requisite NI contributions then he will not be able to claim NS ESA. Legacy ESA stopped for new claimants a while ago, Universal Credit took it's place.

You are correct, your son needs to apply for UC, he will also need to apply for the LCWRA element by handing in a fit note when he has an appointment with his work coach.

The UC50 is divided into two halves; activities 1-10 are for physical issues and 11-17 are for mental health ones, you can receive a full award for either half.

Our UC/ESA Claim guide explains the criteria you are being assessed against and how to explain your limitations. See

help-for-claimants/esa1

If you have more questions then please return to the forum and we will do our best to help.

Gary

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