Hi Everyone

This is my first post on here.. hoping to get some help with what is probably a straight forward enough query but is puzzling me!

I've got a client who applied for ESA in January - he was 18 at the time and turned 19 in February. He studies in non-advanced education for 15 hours per week. Nobody receives benefits for him.

His ESA claim has just been declined as apparently he's studying for too many hours per week. From what I've found out, I think he should have qualified for ESA in youth as he was under 19 at the time he applied. If he can qualify under ESA in youth then he should be able to study for up to 21 hours per week. But I don't know if he can continue to study for 21 hours pw now that he's 19.

Any direction or help would be really appreciated.

Thanks!

I think you're right that he should be able to get ESA in youth. When he was under 19 he was restricted to part-time education (under 21 hours as you say) under Reg 12(1) of the ESA Regs. Now he is 19 it doesn't matter whether it is full or part-time - Reg 12(4) of the ESA Regs. Don't forget though that for ESA in youth he will need to provide a medical certificate backdated 28 weeks to qualify from the start of claim.

Hope that helps
Daphne

Thanks Daphne. He's in the process of obtaining the backdated sick note now.

I might be misinterpreting reg 12(4) but do you think it's likely that he would only qualify from the date of the claim to the day before his 19th birthday, or would he continue to qualify after his 19th birthday if he's studying 15 hours per week?

Thanks so much.

No he can still get it once he's 19. Reg 12(4) just says that once you're 19 you're not treated as in full-time education so it's OK.

Daphne