UC claim closed incorrectly due to full-time education status for disabled teenager

[Patiencerunningthin]

Looking for advice from anyone who has successfully navigated UC. I am appointee for my 16 year old daughter. She’s recently transitioned from DLA to PIP on enhanced living & mobility. She is entitled to claim UC due to her disability.
I’ve made the claim, had the in person ID appointment and several phone appointments. She is in a bespoke education provision of 10 hours per week- struggles to attend more than 3 regularly. Provision is based on EHCP. Education provider have provided evidence of provision and timetable. GP has provided 3 month fit note.
Claim has been closed. I have tried twice to request a mandatory reconsideration as the journal entry states she is in full time education (incorrect). Last week I was advised a case manager would call by the 14th, this hasn’t happened. Today I have been advised someone might call me tomorrow but it’s unlikely as the case is closed so no one will pick this up. I’ve been advised to do a new claim using a different email address which seems crazy. Nothing has changed so I’ll probably get the same outcome.
Has anyone experienced similar?

Get help from your local welfare rights.

Make an in person appointment I did that and got a different issue sorted out

If you think the decision is wrong, you can request a mandatory reconsideration.

It is worth reading about what counts as full-time education. Decisions around whether a claimant is classed as in full-time education is based around what the course is classed as rather than merely hours the person attends. See H6047 onwards of the ADM. Some people automatically think full-time is 12+ hours and part-time is anything less, but in terms of deciding whether UC claimants are in FTE or not, that isn’t the case. If this is an EOTAS/EOTIS/C package, EOTAS/EOTIS/C is often seen as full-time regardless of hours. This is why it is important to establish LCW/LCWRA via a credits only ESA claim prior to the start of the course.

As pp by preachy pie
DWP can be complex and getting help to navigate so you're not doing it alone can be a massive help.
Hope it gets resolved.

She is in a full time education in accordance with her needs, therefore it counts as full time education

DS at the same situation was still on my claim.

delete wrong post

Sounds like UC are defining her as a qualifying young person which is a child

1. aged up to 19 years, but only for the period up to, but not including, the 1st September that next follows their 19th birthday where they are enrolled on, or accepted for

2.1 approved training or

2.2 a course of education
this must not include meal breaks or unsupervised study, including homework, whether done on or
off the premises of the educational establishment
.
2.2.a which is not advanced education

2.2.b at a school, college or other establishment that is approved by the Secretary of State

2.2.c where they spend on average more than twelve hours a week during term time in receiving tuition doing examinations or practical work or supervised study

if that’s the case she is not entitled to claim Uc in her own right

Having to have LCWRA established before the course is only for advanced education it does help but isnt needed.

I know you have deleted it, but this actually isn’t the case. The rules differ for those in non-advanced education who have not yet reached the September following their 19th birthday compared to those who have reached the September following their 19th birthday. That is why Contact suggest making a credits only ESA claim once DC are 16.

In some situations, a 16 year old can meet the definition of a qualifying young person to remain on their parent’s claim but still meet the criteria to be able to claim UC in their own right instead. This is because certain groups of people are exempt from the normal rules.

Only if they have no parental support. And I am correct that you can claim UC if in non advanced education if the course is compatible with work related activities.

https://data.parliament.uk/DepositedPapers/Files/DEP2025-0364/168._Students-Eligibility,_conditionality,_student_income.pdf

page 3

It isn’t only if there is no parental support. There are other exemptions. These are even listed on the Contact page you linked to. They are also listed on the government’s webpage. One of the exceptions is some disabled in receipt of PIP if they have already established LCW/LCWRA prior to the start of receiving education.

I didn’t say students in non-advanced education couldn’t claim UC. I was merely pointing out establishing LCW/LCWRA isn’t only for those receiving advanced education, and that the rules for those in non-advanced education differ before and after the September following the 19th birthday - Contact even explain this to you on the link you posted.

Thanks all- these replies show how complicated it all is. I had an in person appointment last week and it was really frustrating as the Job Centre staff member seemed not to know anything.
3 phone calls later today I’ve been told they’ve logged
a mandatory reconsideration, but also they can’t log one as the case is closed.
Clear as mud.
I tried the new claim as per JC advice this morning and couldn’t progress as it’s linked to my mobile number.
I’ll see if I get the promised call back tomorrow and if not I’ll try welfare rights.
We don’t get UC so this is our first experience of navigating it.

It’s complicated and I think most work coaches aren’t even sure of the rules. We were initially advised DS would still be eligible once he started a supported internship by both the work coach and the disability advisor at the job centre but actually it is looking a lot more complicated than that. I think in reality we will just close the claim ourselves.