Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what guidance her Department provides to college staff on supporting universal credit applications for 18 to 25 year olds with learning difficulties.

The Advice for decision makers guide (ADM) supports the decision making for various social security benefits, including Universal Credit (UC). This guide is published online, is freely available to the public and the specific guidance which would support a decision as to whether a person as described would have entitlement to UC is referred to below.

A condition of entitlement for UC is that the claimant must not be receiving education. This excludes most students, including those with learning difficulties. In chapter H6 of the ADM, paragraphs H6026 to H6028 set out the meaning of “receiving education” for the purposes of determining entitlement to UC. If a person is treated as receiving education they will not be entitled to UC unless they meet one of the exceptions which are listed at paragraph H6041.

Paragraphs H6026 to H6028 advise that a person is treated as receiving education if;

• they are a “Qualifying Young Person” (QYP), i.e. has reached age 16 but not the 1st September following their 19th birthday and are undertaking an average of over 12 hours per week approved non-advanced education at a school or college, or

• is in full-time advanced education (defined at paragraph H6031), or

• where not a QYP, is undertaking any other full-time course of study or training at an educational establishment for which a maintenance loan or grant is provided and that course is determined not to be compatible with any work related requirements imposed upon them. Conversely, if the course does not provide a maintenance loan or grant and is determined to be compatible a person’s work related requirements, the person is not treated as receiving education and satisfies this condition of entitlement to UC.

A student with learning difficulties will likely fall to be considered under the guidance set out at the last bullet point, unless they are of a QYP age. If the student is a QYP, they continue to be treated as receiving education and will only have entitlement to UC if they first meet one of the exceptions listed at paragraph H6041 and, if under age 18, one of the minimum age exceptions listed at chapter E of the ADM, paragraph E1024. A QYP remains to be supported by their parents, who receive benefits for them.