This relates to the case I raised earlier this year and late last year with regards to the loss of Tax Credits and Child Benefit on my son Antony, who has Autism and DCD, turning 20 with my MP.
This has impacted a few young people and their families with SEN locally aswell as my own.
We were advised then by the Benefits Agency and HMRC that Antony could claim Non Contributory ESA on turning 20 as he is in receipt of PIP. This was due to the loss of Child Tax Credits and Child Benefit on turning 20.
When we went to apply last week for NC ESA we were told Antony now had to apply for Universal Credit which has led to the issue I have described below.
Young People with SEN who are required by their EHCP to do 2 years of Post 16 provision before moving on to 6th Form can dependent on their date of birth find themselves still in 6th Form on their 20th Birthday. This means that on their 20th Birthday their families lose Child Tax Credits and Child Benefit for the the now 20 year old 6th Form Student. Previously these Young People could claim Non Contributory ESA to replace the loss in income but as of the introduction of Universal Credit, new Claimants are required to have already completed a Work Capability Assessment in order to claim it's equivalent under UC or have to claim the new Contributory based ESA. SEN Young People 20 years or over have never been in the work place and are still in Full Time Education so have not paid any NI contributions so cannot claim ESA and as UC now requires that a Work Capability Assessment to have taken place while claiming Universal Credit (which can only be claimed if available for work, which they are not as they are in FTE) they also cannot claim this which under the previous Non Contributory ESA they could.
This essentially means that Young People with Special Educational Needs who turn 20 while still in 6th Form Provision will find themselves with no Financial Support whatsoever until they complete their 6th Form term.
If the Parents are on Benefits or Low Income this can lead to a loss of up to £6000 a year.
This was not the case under ESA and seems to be due to a change of wording with regards to first time claimants. Where it now states -
"you’re disabled and entitled to Disability Living Allowance (DLA) or Personal Independence Payment (PIP) and have limited capability for work"
The latter part can only be established if you are already in receipt of the benefit which you cannot claim if you are not looking for work.
Under ESA it stated
"You can apply for ESA if you’re employed, self-employed, unemployed or a student on Disability Living Allowance or Personal Independence Payment."
There was no requirement to have already undertaken a Work Capability Assessment. This took place after the application.
This is surely an oversight on the part of the DWP as anything other than an oversight would suggest the targeting of a small number Young People with SEN who get caught within this.
This needs to be looked at with all urgency as it has the potential to significantly impact Young Disabled People and their families ability to financially support themselves. It could also be argued that this is indirect discrimination under the DDA.
If you are in an area that has UC being introduced or have found your self or find yourself in a similar situation please contact your local MP as the DWP seems oblivious to the situation.