Moving into Adulthood

If your child is on an advanced course and the educational establishment says the course is full-time then it will be taken as a full-time course. If your child is taking less modules than would be usual, seek advice as there may be an exception.

If your child is in a residential school setting, they will usually still be part of your benefit claims if they are temporarily absent during the school week, or during term-time. Attending residential school paid for out of government funds can, however, affects the days on which they are entitled to the care component of Disability Living Allowance (DLA). This can affect the Carer’s entitlement to Carer’s Allowance and the carer element of Universal Credit. Seek advice if this is relevant to you.

There are a number of categories of claimant who can claim UC whilst 16/17. Including when your child ‘has submitted and are covered by a medical certificate saying your child is not fit for work and they are waiting for an assessment of their capability for work’. However, as most 16/17 year olds are in full-time non-advanced education they are unlikely to be able to claim Universal Credit. If there is a break in their continuous education there may be an opportunity for them to claim Universal Credit at this time. The window of time for making the claim may may be very short, but once the claim is made it can continue.

If a claim is made during a gap in education on this basis your child needs a fit note that covers the whole period of the claim until a decision on Limited Capability for Work or Limited Capability for Work-Related Activity (LCW/LCWRA) is made.  This can be a series of fit notes, but needs to start with day one of the claim and there should be no gaps. Your GP can provide a fit note in this situation even if they are not unwell. If difficulties are encountered we suggest explaining the reason the fit note is needed and ask them simply to put the condition in the narrative box.  Once the claim is made with the fit note, they will need to request a work capability assessment so the DWP can decide if they have LCW/LCWRA This can be done by a request in their UC journal. Seek advice if problems are encountered. The information at the following link may be helpful.

Once your child has been found to have LCW/LCWRA they meet the criteria to claim as a 16/17 year old with LCW/LCWRA. While they are being assessed, if they have returned to education they will need to show that their course is compatible with their claimant commitment.

If your child claims Universal Credit (UC) before they have a Limited Capability for Work or Limited Capability for Work-Related Activity (LCW/LCWRA) assessment the default is that they are expected to look for work for 35 hours a week and to be ready to take up work of up to 40 hours per week. Clearly this is not reasonable for many people with health conditions and disabilities. A job coach can apply what are sometimes called ‘easements’ to their claimant commitment to make it reasonable in light of their particular health conditions or disabilities. Each local jobcentre plus has a disability employment adviser (DEA) who, as well as helping your child look for work if that is suitable, can agree a less onerous claimant commitment. Your child can ask to see a DEA at their local jobcentre.

In order for the job coach or DEA to agree a reasonable claimant commitment your child will need to provide evidence of their conditions and explain how this affects their ability to work.  They should also provide a fit note from their GP, even if they are not ill, and ask for a work capability assessment. This will usually be done through their journal. The fit note is good evidence of their condition, and is necessary to start the process of a work capability assessment. While your child is going through the work capability assessment process they may not be expected to take part in any work preparation or work seeking activities, particularly if they have explained the extent of their difficulties to the job coach or DEA.

Making the claim will need preparation as it is important that the DWP understands their particular circumstances so that the correct award and claimant commitment are put in place. During the claiming process your child will also need to be able to verify their identity. If they have a rent liability they will need documentary evidence of this. Even if they are not asked, they should provide UC with information on their Personal Independence Payment (PIP) award if they have one. If any problems are encountered seek advice.

If your child has already been assessed to have LCWRA, then as they are not required to do anything in return for their Universal Credit (UC). Their course should not affect and the award of UC. Similarly, if they have LCW and have a work-preparation and work-focussed claimant commitment requirement, it should be reasonably straightforward to explain how the course is good for future work opportunities and explain how work preparation could be fitted around the course if required.

If you are a Tax Credit claimant, if your child continues in non-advanced education, the child element can continue until they turn 20.  It ends on the earliest of the following:

• Your child is 16 or over and has stopped full-time non-advanced education, has not registered for work or training with a qualifying body and it is after 31 August on or following their 16 birthday.
• Your child is under 18 and it is within 20 weeks of full-time non-advanced education ending.  To meet this criteria they must be registered for work or training with a qualifying body and His Majesty’s Revenue and Customs (HMRC) must be notified of that registration within 3 months of the date the non-advanced education ended.
• Your child is 18 or over and ends full-time non-advanced education.
• They turn 20.

When your child is no longer part of your Tax Credit claim, you will no longer receive the child, and disabled or severely disabled child elements of Child Tax Credit.  If you are claiming Child Tax Credit without a Working Tax Credit award, and there are no other children in your household, your Tax Credit award will end.  If you are working and receiving Working Tax Credit, you may need to increase your hours to continue receiving Working Tax Credit.

The change from being part of your benefit household to being a non-dependant adult may affect your Housing Benefit claim. If you are receiving Housing Benefit most 18 year olds are expected to pay a ‘non-dependant deduction’ to you towards your rent. Your Housing Benefit (HB) payment is reduced by the amount of the non-dependent deduction, even if they are not able to, or do not contribute. There are exceptions for non-dependants who are full-time students or under 25 on Universal Credit with no earned income. In this situation no deduction is made.

No non-dependant deduction is made if you or your partner are in receipt of the care component of Disability Living Allowance (DLA), the daily living component of Personal Independence Payment (PIP) or Attendance Allowance or are certified as severely sight impaired or blind by a consultant ophthalmologist.

New-style ESA is a contribution-based benefit for people who cannot work because of ill-health or a disability, or find it difficult to work full time for those reasons.  The claim can be started with a telephone call, there is also the option for your child to apply online. You cannot apply online as an appointee.  Your child will need to provide a fit note from their GP and will then be asked to take part in a work capability assessment so the DWP can decide if they have limited capability for work or limited capability for work-related activity (LCW or LCWRA). This is the same test as in Universal Credit. Most young people will not receive any payment if they make a NSESA claim because they will not meet the contribution conditions. However, despite not benefitting financially, there are two significant advantages to making a claim:

1. Universal Credit (UC) claimants who have a decision that they have been assessed to have LCW/LCWRA dated before the start of the course may be able to claim UC while a student. If they have NOT already been assessed to have LCW/LCWRA they will NOT be entitled to claim Universal Credit unless they have children or are living with a non-student partner. It may take as long as a year from making the claim for the assessment to be completed.
2. All other eligible claimants who are assessed to have LCW/LCWRA before claiming Universal Credit will be placed in the appropriate claimant commitment group from the start of the claim.

In addition, an assessment of LCW/LCWRA through a NSESA claim leads to weekly National Insurance Credits that build entitlement to state retirement pension. There are no restrictions on students claiming NSESA

When making the claim it is important to explain your child is claiming for NI credits and that they want a work capability assessment despite understanding they will not receive any payment. A NSESA claim can be made from age 16 onward.  Making a claim for NSESA when your child does not meet the contribution conditions will not affect your benefit entitlement. They remain part of your benefit household. If your child has been working and may be paid NSESA if a claim is made, seek advice before starting the process as this is may affect your benefit entitlement.

Your child is able to claim Universal Credit (UC) unless they have more than £16,000 in savings, and their income is not too high.

If your child has already been assessed to have Limited Capability for Work or Limited Capability for Work-Related Activity (LCW/LCWRA) e.g. through a New-Style Employment and Support Allowance (NSESA) claim, the following information should be helpful.

If they have not had an assessment for LCW/LCWRA through a NSESA claim they can request one through their UC journal if they also submit a fit note.  Without a work capability assessment to determine if they have LCW/LCWRA they will not be able to have a LCWRA element included in their award or move out of the all work-related requirements claimant commitment group.  There is more information on how to claim at this link.

If your child is volunteering then hours volunteering can be taken into account in meeting their claimant commitment.

If they have already been assessed to have LCW/LCWRA and/or a Personal Independence Payment (PIP) award, at the next review their voluntary work will be taken into account when looking at whether the criteria are met. The information at this link will be useful.

The number of bedrooms a person is allowed depends on their circumstances. To use the calculator at the link you need to know who is in the benefit household. It is not the same as who is living in the accommodation. Usually a single person with a daily living award of Personal Independence Payment will be entitled to one bedroom. In certain circumstances, if they need overnight care, they will be able to get help with covering the rent of a property with an extra bedroom for an overnight carer. You may be entitled to additional bedrooms for non-dependants living with you.

If your child is a part-time student in advanced or non-advanced education, they may be able to claim Universal Credit (UC). If they have already been assessed to have Limited Capability for Work or Limited Capability for Work-Related Activity (LCW/LCWRA) e.g. through a New-Style Employment and Support Allowance (NSESA) claim, the following information should be helpful. They can be paid UC if their course is compatible with their claimant commitment.

If your child claims without a LCW/LCWRA assessment, the following information should be helpful. Once they have a claim in place and a claimant commitment has been agreed they can be paid UC if their course is compatible with their claimant commitment.

If they make a claim and it is refused seek advice.

If your child is renting from a social landlord, then an under-occupancy charge will reduce the rent support they get if the property has more bedrooms than the government have decided a person in their situation needs. They will need to make up the shortfall.  Local authorities have discretionary funds available, called Discretionary Housing Payments, that can “top up” payments to help with rent when they are getting rent support through Universal Credit or Housing Benefit.  These funds tend to be short term and, due to their discretionary nature, cannot not be relied on.

If you are receiving Universal Credit yourself then there is no housing cost contribution for adults living in your home who are under 21 or those of any age who are in receipt of the daily living component of Personal Independence Payment.

No housing cost contribution is included in the calculation if either you or your partner are in receipt of the care component of Disability Living Allowance (DLA), the daily living component of Personal Independence Payment (PIP) or Attendance Allowance or are certified as severely sight impaired or blind by a consultant ophthalmologist.

The rule for when your child stops being included in your Housing Benefit claim is the same as for Child Benefit.

Child Benefit stops when the earliest of the following happens:

• Your child is 16 or over and has stopped full-time non-advanced education and the terminal date has passed.
• Your child reaches 20

This may mean your Housing Benefit award reduces, although your bedroom entitlement will not change while they continue living with you.

This is a surprisingly difficult concept. The benefit household may include the following who live together: a single person or couple, children for whom they are responsible if there are any, who are under 16, or between 16 and 19 who are in non-advanced education, The end date of the child elements of Universal Credit, Child Tax Credit, Housing Benefit, and Child Benefit can be seen at the respective links.

Anyone else who lives in the same accommodation with you is part of a separate benefit household. This includes adult children, grandparents, friends etc. They may have an effect on the calculation of your benefit entitlement but are not part of the same benefit household.

A child who would otherwise be part of your benefit household will not be if they are receiving Universal Credit in their own name.

If you are single and have no children, then the only person in your benefit household is you, even if you live with other people.

Your child will be able to claim Universal Credit (UC), depending on their earnings and savings.  Your child’s earnings will be taken into account in the UC calculation.

If they have already been assessed to have Limited Capability for Work or Limited Capability for Work-Related Activity (LCW/LCWRA) e.g. through a New-Style Employment and Support Allowance (NSESA) claim, the following information should be helpful.

If they have not had an assessment for LCW/LCWRA through a NSESA claim they can request one through their UC journal if they also submit a fit note. Without a work capability assessment to determine if they have LCW/LCWRA they will not be able to have a LCWRA element included in their award or move out of the all work-related requirements claimant commitment group. There is more information on how to claim at this link.

If your child has NOT already been assessed to have LCW/LCWRA or does not have a Personal Independence Payment (PIP) award in place, unless they earn less than 16 x the national living wage (over 23 rate regardless of age of claimant), they are not able to have a work capability assessment.

If they have already been assessed to have LCW/LCWRA and/or a PIP award, at the next review their work will be taken into account when looking at whether the criteria are met. The information at this link will be useful.