Student in non-advanced education is refused UC without DWP considering whether their education is compatible with their work-related requirements

You can use this template if:

• your client has been refused universal credit on the ground that the DWP considers they are 'receiving education'
• your client is a student and is
  • not a 'qualifying young person' for UC
  • not on a course of full-time advanced education
  • not on a course of full time education and getting a student loan or grant for their maintenance
• your client submitted a fit note to the DWP
• the DWP did not set any work-related requirements for your client (because the DWP decided your client was not entitled to UC before deciding their work-related requirements)

Note: If your client does not fit into these circumstances, there may be other grounds for arguing that they should be entitled to UC. For further information see Benefits for students in our Welfare Benefits Handbook

A claimant should not be excluded from UC on the ground that they are 'receiving education' if:

1. they are not a qualifying young person as defined by reg 5 of the Universal Credit Regulations 2013 (UC Regs)
2. they are not undertaking full-time course of advanced education
3. they are not undertaking a full-time course of study or training at an educational establishment for which a student loan or grant is provided for their maintenance, and
4. their course is compatible with any work-related requirements that have been imposed on them.

This is because they do not fall within the definition of 'receiving education' as set out in reg 12 UC Regs.

To complete this template you need the following information.

Information about your client

• name
• address
• national insurance number
• date of birth

Background facts

• details of whether your client has health problems or is disabled and how these affect them
• details of any disability benefit your client gets (including which components and the rates of the components)
• whether your client is likely to meet the definition of a 'disabled person' under the Equality Act
• if your client has an appointee, their appointee's name and their relationship to your client
• details of the course of study your client attends including
  • the level of the course
  • the course subject
  • the date the course started
• the date your client claimed UC
• the start date and period(s) covered by the fit notes your client gave to the DWP
• the date booked for your client's first claimant commitment appointment
• the date your client requested a mandatory reconsideration of the DWP's decision
• the date your client submitted the appeal

Information about the decision

• the date of the DWP's decision that your client was not entitled to UC
• if possible, a copy of the notification of this decision (for example either a letter or journal note)
• the date of the mandatory reconsideration notice relating to this decision