Income Support Entitlement -

[frances1p]

I am trying to advise a 20 year old Male - who is in receipt of Income Support. He is on a Vocational Course at College and also receives Disability Living Alloance, Housing Benefit and Council Tax Ben.

His College course is due to complete, approx July 2011 - but his dilemma is this - on Dec 11 he will be 21 years old, and it seems that his claim to Income Support will cease from that day; as he is no longer considered eligible under the prescribed category of being 'a vulnerable person/estranged from parents'. As this category of entitlement is only valid, up until a person reaches age 21.

However, it is my understanding that he would retain entitlement to IS (until the end of his college course) by virtue of being 'in relevant education and have a disability'

As I am not 100% of this being a strong or relevant argument, I was hoping somebody with more experience/knowledge of the system, might be able to confirm this for me.

I keep reading various Regulations and Legislation and sometimes I think I have got it clear in my head and the next, feel a bit out of my depth!! Any help or advice would be much appreciated - as want to make sure my advice is accurate.

Many thanks in advance :tinysmile_aha_t:

[Caspar]

Re: Income Support Entitlement -

This may give you a way forward:

Eligibility conditions for Income Support

[Amethyst]

Re: Income Support Entitlement -

Is the vocational course full time or part time ?

If full time I think he will just get DLA reliant IS rather than being reliant on the estranged/vulnerable persons cat. ie. if he wasnt on estranged/vulnerable persons then he wouldnt have got Income Support until after he was 20 anyway, so long as he still gets DLA.

(if that makes sense)

Ooo this may help

Studying full time – 19 or over
If you are a disabled student aged 19 or over (or under 19 and on on an advanced course), you can claim Income Support if you fulfil the basic conditions and one of the following:

• you qualify for the disability premium (see page 7)
• you qualify for the severe disability premium (see page 7)
• you have been incapable of work for 28 weeks (two or more periods of incapacity can be linked together if they are no more than 8 weeks apart)
• you qualify for a Disabled Students’ Allowance because you are deaf (see Skill information booklet Applying for Disabled Students’ Allowances.

You can also claim if:

• you are a lone parent (or lone foster parent) of a child under 16 or
• you are one of a couple and you are both full-time students and either or both of you is responsible for a child or a young person and it is the summer vacation or
• for up to 9 months, you are a refugee learning English for less than 15 hours a week and have been in the country for less than a year when you start the course.

from Students & Benefits who have some very useful info and might be worth giving them a call.

[frances1p]

Re: Income Support Entitlement -

Thanks for clarifying that for me and too for the useful link to Skill and Disability Alliance Websites.

I think I can go definitive now, in advising the person I am assisting; that whilst his entitlement to claiming Income Support as somebody, living away from home/estranged from parents - will cease on his twenty-first birthday -[ in December]. His claim for Income Support can continue for him, as a disabled student, on non-advanced full time course and in receipt of the Disability Premium and Severe Disability Premium.

This is only applicable as he was in receipt of IS prior to 30 Dec 09 - if he were making a new claim, he could not rely on this 'category of person' giving him eligibility to claim income support.

Could you please verify, that my summing up of the situation above is correct and that I have not misunderstood the rules/regulations?

Many thanks for all your help !

:tinysmile_aha_t: