DWP Deny WCA To Disabled Students Claiming UC
With many thanks to Disability Rights UK.
The DWP has confirmed to DR UK that it will not enable disabled students claiming Universal Credit (UC) to have the opportunity of a work capability assessment (WCA).
In most cases, this means that their claim for Universal Credit will be immediately refused.
Under Employment Support Allowance (ESA), a disabled student can be treated as having a limited capability for work and entitled to ESA if they receive DLA or PIP.
However, a disabled student must not only receive DLA or PIP but also have a limited capability for work to be entitled to UC.
A disabled student can only be “treated as having a limited capability for work” under UC in very restricted circumstances.
But most disabled students will not otherwise be able to show that they have a limited capability for work as they will be denied a WCA.
DR UK contacted the DWP to ask if a disabled student’s UC claim could be held at least until a WCA had taken place.
It replied that:
“Your understanding of Regulation 41 in the Universal Credit Regulations 2013 is correct: a person who meets entitlement conditions for UC is referred for a work capability assessment where appropriate.
As the work capability assessment is not part of determining whether a person is entitled to UC, determining entitlement to UC cannot be delayed until a person has had a work capability assessment.”
Ken Butler DR UK’s Welfare Right’s Adviser said:
“We are concerned that the UC system does not allow a disabled student to be assessed as to their limited capability for work.
It puts them in a Catch 22 situation – they cannot be entitled to UC unless they have a WCA but they cannot have a WCA unless they are entitled to UC.
There seems no justification for replacing ESA rules by stricter UC ones given that other financial support for disabled students has not increased to compensate for this.”
Liz Sayce DR UK’s CEO said:
“Only 16% of disabled people have a degree level qualification compared to 30% of non-disabled people.
We are concerned that the current UC position could act as a financial barrier to disabled people accessing higher education and bar for some accessing residential college if they are unable to access UC housing costs support.”
ESA and Housing Benefit are being replaced by Universal Credit as it is rolled out across the UK.
If a disabled student is not eligible for Universal Credit they will not get help with extra living costs or rent.
Same Difference 
I would have thought that a STUDENT is still in full time education so not able to claim UC or ESA they would be getting money by means of a student loan so you are either a STUDENT or you are not you cannot claim UC(WCA) and have a loan for university.
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Hi Wildthing
Apparently students can claim esa etc. –
https://www.gov.uk/employment-support-allowance/eligibility
“You can apply for ESA if you’re employed, self-employed, unemployed or a student on Disability Living Allowance or Personal Independence Payment.”
BUT….
Be VERY careful about what FAKE ‘charity’ Disability Rights UK has to say about ANYTHING.
Just in 2016 Disability Rights UK Blagged £204,500 in Bribes directly from the DWP.
Click to access 0001138585_AC_20160331_E_C.pdf
Pages 22 and 27
(DWP – Disability Action Alliance £44,500 and BIS – Education £160,000)
Kerching!
Previous years bribes here –
http://apps.charitycommission.gov.uk/Showcharity/RegisterOfCharities/DocumentList.aspx?RegisteredCharityNumber=1138585&SubsidiaryNumber=0&DocType=AccountList
And Liz Sayce (OBE) DR UK’s CEO quoted in the story above is on the House of Commons Work and Pensions Select Committee that just covered up all of the PIP fraud by WCA criminal unqualified quacks.
The Bribery Act 2010 –
http://www.legislation.gov.uk/ukpga/2010/23/contents
Perverting The Course of Justice –
http://www.cps.gov.uk/legal/p_to_r/public_justice_offences_incorporating_the_charging_standard/
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You even try claiming ESA as a disabled student (I am not in a UC area), I don’t know how many times I explained to them that I am automatically classified as having “limited capability for work” as I am a full time disabled student in receipt of DLA.
They said yes, then they said I had to file a sick note.
I asked, are you aware that it normally takes a decision maker and possibly a face to face WCA to decide if a claimant is of “limited capability to work”.
They said “yes”.
So you understand that if the law already defines them “of limited capability to work”, that they do not have to file a fit note, as that is only done until a claimant is defined as being “of limited capability for work”?
They said “I have worked as a manager for several years in this department (ESA) and everybody has to file a fit note until they attend their WCA”.
They terminated my claim (again!)
For 2 years now I should have been getting a £2K to £3K ESA top up to my grants and loans, but the DWP are repeatedly refusing to comply with the law.
Also for claimants like this, the WCA only decides what level, not if you qualify or not.
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All of those ‘Vulnerable Adult’ abusing sickos are just totally lawless criminal nonces.
Checkout –
Fraud Act 2006 –
http://www.legislation.gov.uk/ukpga/2006/35/contents
Especially –
2. Fraud by false representation (Lies)
http://www.legislation.gov.uk/ukpga/2006/35/section/2
And –
4. Fraud by abuse of position (dishonesty or omissions)
http://www.legislation.gov.uk/ukpga/2006/35/section/4
Up to 10 years in Prison for that.
It would also be –
Misconduct in Public Office –
http://www.cps.gov.uk/legal/l_to_o/misconduct_in_public_office/
Up to Life in Prison for that.
And –
Disability Hate Crime –
Criminal Justice Act 2003 (section 146) –
Increase in sentences for aggravation related to disability –
http://www.legislation.gov.uk/ukpga/2003/44/section/146
Even longer in Prison.
And Vulnerable adult Abuse –
Care Act 2014 –
http://www.legislation.gov.uk/ukpga/2014/23/contents
Safeguarding adults at risk of abuse or neglect –
http://www.legislation.gov.uk/ukpga/2014/23/section/42/enacted
—
**Record Everything**
keep evidence, call the police / social services…. and record their (mis)conduct too!
.
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