You cannot claim Universal Credit if you are:
- Aged 16-19, doing a course of A-level standard or below, for more than 12 hours each week, that you started before you turned 19. The law of UC calls you a Qualifying Young Person
- Doing a full-time course above A-level standard.
- Doing a full-time course for which a maintenance loan or grant is provided.
- Doing a course that would stop you meeting the work related requirements for your claim.
But these exclusions do not apply, and you are allowed to claim UC, if you are:
- Without Parental Support, doing a course of A-level standard or below, and aged under 21.
- Without Parental Support, doing a course of A-level standard or below, aged 21 and turned 21 while doing the course.
- Entitled to DLA or PIP and you have a decision that you have Limited Capability for Work before you start the course.
- Responsible for a child or Qualifying Young Person.
- A foster parent.
- Aged 16-19 doing a traineeship of less than six months funded under the Education Act 2002 or Skills Funding.
- Over Pension Age making a joint claim for Universal Credit with a partner who is younger than this.
- A member of a couple who are both in education, if your partner comes into one of the bullet points above.
- A member of a couple, if your partner is not receiving education.
Without Parental Support
This means:
o You have no parent.
o You cannot live with your parents because:
─ you are estranged from them, or
─ there is a serious risk to your physical or mental health, or
─ there is a serious risk that you would suffer significant harm.
o You live away from your parents because they:
─ have a long term physical or mental impairment, or
─ are detained in custody, or
─ are prohibited from (re)entering Great Britain.
In this rule a parent includes someone acting in the place of a parent, such as a foster carer, a local authority or a voluntary organisation, where you have been legally placed with them.
Estrangement
The DWP’s official guidance for their staff, says at paragraph E1051 and E1052:
Estranged is not defined in legislation and should be given its ordinary, everyday meaning of alienated in feeling or affection.
Examples of when young people are estranged from their parents include where they:
- have no intention or wish to live with them or
- have no wish for any prolonged physical or emotional contact with them or
- the parents feel the same way towards the young person.
A young person may be estranged even though the parent is providing some financial support. However it takes more than the young person saying that estrangement exists. It must also be shown that the young person of necessity has to live away from the parents because of estrangement.
Estrangement should be determined using the young person’s statement.
There is no requirement to corroborate such evidence or contact parents.
The young person should be believed unless their statement is self contradictory or improbable.
Official Guidance
The DWP publishes Advice for Decision Making to explain the rules to DWP staff.
The official guidance about the UC rules for education (except estrangement) is here.
The official guidance about estrangement is here.