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Entitlement to ESA student with PIP

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9 years 11 months ago - 9 years 11 months ago #135116 by Bill24chev
Entitlement to ESA student with PIP was created by Bill24chev
My son is currently in receipt of ESA(IR) WRAG.

He as recently applied for PIP but still awaiting PIP2. He will be starting university in September15 providing a support package funded by Student Disability Grant is in place.

I know that if he is awarded PIP he will still be entitled to some ESA because his student loan will be less than is applicable amount for ESA and Housing Benefit.

However I don't expect a Pip decision before he starts Uni so his current ESA entitlement will be stopped.
My question is if he is awarded PIP backdated to date of claim will is ESA be reinstated or will he have to make a new ESA claim?
Last edit: 9 years 11 months ago by . Reason: tick.

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9 years 11 months ago #135148 by Gordon
Replied by Gordon on topic Entitlement to ESA student with PIP
Bill

I assume that he is receiving Income Related ESA?

The issue will be how the DWP handle his current claim for ESA, if they simply suspend payment then it should be no problem backdating payments if he is successful in applying for PIP, however, if the claim is closed then a new claim can only be back dated by three months, if this covers the PIP Decision then there would be no problem, but if does not and the money is significant enough to be wanted, then the only way forward would likely be to challenge the Decision that closed the claim, how this would be handled, given that the facts on which the Decision was made will have changed, I do not know.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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