- Posts: 6
× Members
Child element of universal credit
- Jackmaccoll
- Topic Author
- Offline
Less More
2 years 4 months ago #273495 by Jackmaccoll
Child element of universal credit was created by Jackmaccoll
I am looking for some advice I have looked online and I'm receiving conflicting information. My daughter was 19 on the 13th of may and was in full-time non advanced education, she replied to college and was accepted on to another non advanced full-time education course before her 19th birthday and received her unconditional offer and was re enrolled for college on the 11th of may 2022 before her 19th birthday, my child element for universal credit has been stopped despite guidance on the entiled to website that it should still be in place if the certain conditions apply which are that she was already in education and that the course she is doing she must have been accepted on to the course before her 19th birthday then the child element stays in payment untill the age of 20, I am still in receipt of child benefit, universal credit are saying this isn't the case could someone please advise as it was a case manager who says she is no longer entiled to be classed as a dependent child despite me reading guidance that as long as the certain criteria excist of already being in education and being accepted on to the course before her 19th birthday
Please Log in or Create an account to join the conversation.
- Gary
- Offline
Less More
- Posts: 8234
2 years 4 months ago #273498 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Child element of universal credit
Hi Jackmaccoll
I have just checked the disability rights handbook edition 47 which states; ' Once your child has reached the age of 16 , they canbe treated as a qualifying young person up until (but not including) the 1 September following their 16th Birthday.
This period can be extended up until ( but not including) the 1 September following their 19th Birthday if they enrolledon (or have been accepted for) approved training or a course of full time non-advanced education.
A course is considered to be full time if more than 12 hours a week during term time are spent receiving tuition, engaging in practical work or supervised study, or taking exams. The education or training must not be provided under a contract of employment. Nineteen-year-olds can only be included if they started such education or approved training (or were accepted or enrolled to undertake it) before their 19th birthday.
If the young person receives employment and support allowance, jobseeker's allowance or universal credit in their own right, they will no longer be a qualifying young person.
UC Regs, reg 5
On your journal I would request a Mandatory Reconsideration, if still no joy appeal the decision, you may want to seek help from your local Welfare Rights Organisation or Law Centre; advicelocal.uk or lawcentres.org
Gary
I have just checked the disability rights handbook edition 47 which states; ' Once your child has reached the age of 16 , they canbe treated as a qualifying young person up until (but not including) the 1 September following their 16th Birthday.
This period can be extended up until ( but not including) the 1 September following their 19th Birthday if they enrolledon (or have been accepted for) approved training or a course of full time non-advanced education.
A course is considered to be full time if more than 12 hours a week during term time are spent receiving tuition, engaging in practical work or supervised study, or taking exams. The education or training must not be provided under a contract of employment. Nineteen-year-olds can only be included if they started such education or approved training (or were accepted or enrolled to undertake it) before their 19th birthday.
If the young person receives employment and support allowance, jobseeker's allowance or universal credit in their own right, they will no longer be a qualifying young person.
UC Regs, reg 5
On your journal I would request a Mandatory Reconsideration, if still no joy appeal the decision, you may want to seek help from your local Welfare Rights Organisation or Law Centre; advicelocal.uk or lawcentres.org
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Jackmaccoll
- Topic Author
- Offline
Less More
- Posts: 6
2 years 4 months ago #273503 by Jackmaccoll
Replied by Jackmaccoll on topic Child element of universal credit
Thank you so does that mean that because she was enrolled in her course before the age of 19 it should continue untill she is 20, the case manager was adamant that acording to uc regulations it stops on the 31st of August following her 19th birthday and refused to listen to guidance from entitled to or even consider benefit check I had done, thank you again
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51288
2 years 4 months ago #273533 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Child element of universal credit
Jack
I think the key phrase is
"up to, but not including, the 1st September following their 19th birthday" (my emphasis)
As your daughter's birthday is 13th May then the first 1st September following her 19th birthday would be 1/9/2022 which I take to mean that the Child Element is only payable until 31/8/2022.
See F1143 of
assets.publishing.service.gov.uk/governm...le/1065520/admf1.pdf
and Regulation 5 of the The Universal Credit Regulations 2013
www.legislation.gov.uk/uksi/2013/376/regulation/5
Gordon
I think the key phrase is
"up to, but not including, the 1st September following their 19th birthday" (my emphasis)
As your daughter's birthday is 13th May then the first 1st September following her 19th birthday would be 1/9/2022 which I take to mean that the Child Element is only payable until 31/8/2022.
See F1143 of
assets.publishing.service.gov.uk/governm...le/1065520/admf1.pdf
and Regulation 5 of the The Universal Credit Regulations 2013
www.legislation.gov.uk/uksi/2013/376/regulation/5
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Jackmaccoll
- Topic Author
- Offline
Less More
- Posts: 6
2 years 4 months ago #273534 by Jackmaccoll
Replied by Jackmaccoll on topic Child element of universal credit
Thank you for your help
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David