*Names have been changed to protect their identity

Elaine is a parent carer. Her son is 18 years old and attends a college course in life skills for young people with learning disabilities. He receives Personal Independence Payment (PIP). As Elaine is no longer entitled to claim benefits for him as a dependent due to his age, she helped him apply for Universal Credit. However, his claim was refused on the grounds that, as a student, he does not meet the criteria of receiving PIP and having already been assessed as having “limited capability for work and work-related activity” (LCWRA).

This has been a recurring issue for many of our young clients since a change in the Universal Credit regulations in 2023. Ros, a Carers Count Information and Advice Worker was able to help Elaine challenge the decision by supporting her in requesting a mandatory reconsideration. In the request, she stated: “No work commitments were set to allow him to continue to meet these while still a student. Work commitments should be tailored to his ability and can include a commitment to continue his course.”

After four months since the original decision, Elaine has finally received confirmation that the Universal Credit decision has been overturned and that her son is now entitled to claim. He will need to undergo a Work Capability Assessment, and Ros expects him to receive approximately £740 per month once this assessment is complete.

This continues to be an ongoing issue for many clients in similar situations. Ros understands that the change to Universal Credit regulations was introduced to prevent individuals — such as university students — from claiming on the grounds of limited capability for work after they have already begun their course of study. However, it seems that the Department for Work and Pensions (DWP) did not fully consider the impact of these changes on young people like Ros’ client.

Much now depends on the discretion of individual decision-makers, and as the example above shows, most of our clients would not know the relevant arguments needed to challenge a refusal. Many of our parent carers have young people over the age of 18 who are still in full-time education. There are likely to be many more families in Kirklees facing similar issues. Some may even feel pressured to withdraw their young person from education just to meet the criteria for Universal Credit.