Social Security Benefits: Special Educational Needs

(asked on 25th September 2019) - View Source

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what alternative financial provision his Department has made available for young people with SEND who are (a) in full-time further education and (b) aged 20 or above and no longer have access to non-contributory employment and support allowance.


Answered by
Justin Tomlinson Portrait
Justin Tomlinson
This question was answered on 1st October 2019

A disabled student determined to have Limited Capability for Work (Work Related Activity Group) or Limited Capability for Work Related Activity (Support Group), in receipt of PIP/DLA, who has moved from Employment and Support Allowance to Universal Credit following a change in circumstances, with no break in their claim will meet the criteria to receive Universal Credit.

A person requiring financial support is able to claim Universal Credit alongside their PIP/DLA payments.

The following special points should be noted:

When claimants are undertaking education/training while claiming UC, their conditionality will depend on their circumstances and the labour market regime they are placed in. For example:

  • Claimants who are still eligible for UC whist receiving education are placed in the No Work Related Requirements Group.
  • Education/training may be compatible with a claimant’s work-related requirements when: the education or training is able to be treated as a work preparation requirement, i.e. a course which is considered important in helping the claimant move into work, more work or better paid work.

Regulation 12(4) of the Universal Credit Regulations 2013 provides that a person, as described, is not treated as receiving education if the course is considered to be compatible with any work related requirements which the Secretary of State places upon them.

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