UC and student again

Hi

I have tried looking this up but have gone round in circles.

I have a student who is was about to start placement (year 4) as part of her 5 year uni graduate/masters joint course.

She has now been diagnosed with cancer and is likely to be affected for the whole of her placement year. I know they closed the loop hole but apart from PIP (after 3 months) would she get UC - no student loan as it was as far as I gather a paid placement

Hi Kizza,

I think that even if the DWP considered your client to be a student during her placement year (it’s not spelled out in the regs but I’d guess this is the case), she should fall within one of the following exceptions under regulation 13 of the UC regs -

(4) A person is not to be regarded as undertaking a course for any part of the period mentioned in paragraph (1) during which the following conditions are met—

(a)the person has, with the consent of the relevant educational establishment, ceased to attend or undertake the course because they are ill or caring for another person;
(b)the person has recovered from that illness or ceased caring for that person within the past year, but not yet resumed the course; and
(c)the person is not eligible for a grant or student loan.

This is reflected in the UC guidance on Students: Eligibility, conditionality, and student income under ‘Break in a full-time course of education’.

Your post was some time ago, so perhaps you’ve already reached the same conclusion. Do update us with how it went and whether DWP were helpful or not!