The Universal Credit Regulations have been amended to clarify the government's policy on which disabled students are able to make a new claim for UC.
The government's intention is that disabled people who have already been assessed as having a Limited Capability for Work (and who also get PIP, DLA or AA) can enter or remain in education and better their prospects of obtaining work. They are eligible to claim or retain their UC.
But the government's policy is not to enable a student to be referred for a Work Capability Assessment in order to determine whether they have a Limited Capability for Work, so that they can then receive Universal Credit.
Before the new Regulations came into force (from 5.8.20) some students had managed to get a new UC claim accepted (but not paid) in order that a Work Capability Assessment could be started. Once they had been assessed as having a LCW, their UC could then be paid.
However, these amendment regulations close that loophole for claims made on or after 5th August 2020.
A student who gets PIP (or DLA or AA) and who wants to claim UC could:
- check if they fit into any other group of students who can claim UC - eg lone parents
- check if they would/should actually be classed as 'receiving education' - if not, they don't count as a student for UC purposes
- make a 'credits only' claim for New Style ESA - and once they have been found to have a LCW through that route, then claim UC.