Student applying for UC when not yet given a Limited Capability for Work Assessment

The request was partially successful.

Glenys Harriman

Dear Department for Work and Pensions,
Students who are on DLA/PIP and have a Limited Capability for Work are able to get Universal Credit. BUT - unlike ESA - they are not treated as having a Limited Capability for Work when sending in fit notes.
So I would be grateful if you could help me with the following scenario, providing me with the regulations and/or guidance that explain how this works.

How does a student - who is not already on Universal Credit – make a claim for UC if they have not yet had a Work Capability Assessment, taking into consideration the issue that they will not meet the claiming criteria until they are found to have a LCW? Presumably unless they meet the claiming criteria for UC they won't be put forward for a Work Capability Assessment so they would be stuck in a Catch 22?
I am aware that there is a regulation that allows a claim from someone who - purely because of their income - only becomes entitled to Universal Credit once they are found to have a Limited Capability for Work - but in this scenario it's not the student's income that is stopping them from claiming Universal Credit - it's the fact that they are a student and thereby ineligible.
Please provide the regulations and/or guidance that describes the process of how such students make their claim and and a WCA referral etc.
Thank you

Yours faithfully,

Glenys Harriman

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Operations FOI Requests, Department for Work and Pensions

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Please find attached our response to your recent Freedom of Information
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Glenys Harriman

Dear Department for Work and Pensions,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Work and Pensions's handling of my FOI request 'Student applying for UC when not yet given a Limited Capability for Work Assessment'.
I received some of the information I asked for but not all:
You stated:
"A new claim for UC can be made and taken where a disabled person in full
time education, who is entitled to DLA or PIP, can be treated as having limited
capability for work. This means having one of the conditions or treatments
listed in Schedules 8 and 9 of the Universal Credit Regulations 2013, and
providing the necessary medical evidence in support of that. "

But you have not explained how a student on DLA or PIP, who has not yet had a Work Capability Assessment, and does NOT fall into one of the limited categories of Schedule 8 or 9, make a claim for UC.

If they live in a Full service area they would not be able to get a WCA via ESA.
So although they are a disabled student who should be entitled to UC, because they have not had a WCA before claiming UC, and do not fall into a category of people who can be treated as having a LCW or LCWRA, it looks like they will never be able to claim.

Please confirm if my reasoning is correct or explain an alternative way they could claim UC.

Thank you

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/s...

Yours faithfully,

Glenys Harriman

DWP freedom-of-information-requests, Department for Work and Pensions

This is an automated confirmation that your request for information has
been accepted by the DWP FoI mailbox.
 
By the next working day your request will be forwarded to the relevant
information owner within the Department who will respond to you direct. 
 
If your email is a Freedom of Information request you can normally
expect a response within 20 working days.
 
Should you have any further queries in connection with this request do
please contact us.
 
For further information on the Freedom of Information Act within DWP
please click on the link below.
 
[1]http://www.dwp.gov.uk/freedom-of-informa...
 

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Glenys Harriman

Dear DWP freedom-of-information-requests,

This response is delayed- please reply asap.

Thank you

Yours sincerely,

Glenys Harriman

Kirkham David DWP OED CENTRAL OPERATIONS, Department for Work and Pensions

2 Attachments

Our response was issued on the 19th June.

Please find attached our response to your recent Freedom of Information request.

Yours sincerely

DWP Central Freedom of Information Team

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Glenys Harriman

Dear Kirkham David DWP OED CENTRAL OPERATIONS,

Thank you for your response but I think there has been some misunderstanding.

Your have re-sent the reply I received on 19th June, but my internal review was to ask you to confirm if my reasoning was correct and if not, to explain what a disabled student- who did not fall into one of the categories who could be treated as having a LCW- could do.
Specifically, my internal review request said:

"You stated:

"A new claim for UC can be made and taken where a disabled person in full
time education, who is entitled to DLA or PIP, can be treated as having limited
capability for work. This means having one of the conditions or treatments
listed in Schedules 8 and 9 of the Universal Credit Regulations 2013, and
providing the necessary medical evidence in support of that. "

But you have not explained how a student on DLA or PIP, who has not yet had a Work Capability Assessment, and does NOT fall into one of the limited categories of Schedule 8 or 9, make a claim for UC.
If they live in a Full service area they would not be able to get a WCA via ESA.
So although they are a disabled student who should be entitled to UC, because they have not had a WCA before claiming UC, and do not fall into a category of people who can be treated as having a LCW or LCWRA, it looks like they will never be able to claim.

Please confirm if my reasoning is correct or explain an alternative way they could claim UC. "

Yours sincerely,

Glenys Harriman

Operations FOI Requests, Department for Work and Pensions

1 Attachment

 
 
 
Ms Harriman
 
Please see copy of your FoI request attached
 
 
 
 

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