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Must apply for UI not ESA
- Cath
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5 years 7 months ago #217367 by Cath
Must apply for UI not ESA was created by Cath
In a full service UI area, so told by DWP not allowed to apply for ESA. The disabled person is 16 and has an appointee also receives enhanced PIP for mobility and personal care. The helpline insisted the application is not in the disabled persons name but the parents and it is parental details that must be on the form, they have requested an interview at the job centre without the disabled son. Despite speaking to numerous people definitely not making any headway, surely this should be completed in the disabled persons name, our finances are irrelevant we both work. No national insurance contributions have been made by him as still in special education. This must be wrong, advice would be appreciated..
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- Gordon
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5 years 7 months ago #217374 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Must apply for UI not ESA
Cath
I assume you mean Universal Credit (UC).
Despite what they have been told by the DWP, the claim must be in the child's name, however, as his appointees, I would expect it to be the parents and not the child that should attend at the JC+ to start the claim.
The confusion may be because there are limited circumstances in which a person under 18 can claim UC, the only ones that would seem applicable are;
- has limited capability for work;
- is awaiting an assessment to determine whether they have limited capability for work and has a statement from a medical professional stating they are not fit for work;
I'm concerned that you mention he is still in education, is this full-time? You normally cannot claim UC if this is the case, this is different from ESA, where a PIP or DLA enables a claim to be made.
Gordon
I assume you mean Universal Credit (UC).
Despite what they have been told by the DWP, the claim must be in the child's name, however, as his appointees, I would expect it to be the parents and not the child that should attend at the JC+ to start the claim.
The confusion may be because there are limited circumstances in which a person under 18 can claim UC, the only ones that would seem applicable are;
- has limited capability for work;
- is awaiting an assessment to determine whether they have limited capability for work and has a statement from a medical professional stating they are not fit for work;
I'm concerned that you mention he is still in education, is this full-time? You normally cannot claim UC if this is the case, this is different from ESA, where a PIP or DLA enables a claim to be made.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 7 months ago #217376 by Cath
Replied by Cath on topic Must apply for UI not ESA
Sorry yes I meant Universal credit (predictive text error) the 16 yr old has a severe learning disability and is in full time education. All that we tried to do was make a claim for ESA but were not given the option. Should we attend the job centre as they insisted the claim was in the appointees name and circumstances of the family?
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- Gordon
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5 years 7 months ago #217378 by Gordon
I would attend but I really do think that the full-time education prevents a claim for UC whatever the other circumstances.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Must apply for UI not ESA
Cath wrote: Sorry yes I meant Universal credit (predictive text error) the 16 yr old has a severe learning disability and is in full time education. All that we tried to do was make a claim for ESA but were not given the option. Should we attend the job centre as they insisted the claim was in the appointees name and circumstances of the family?
I would attend but I really do think that the full-time education prevents a claim for UC whatever the other circumstances.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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