ESA for Autistic School Leaver

My son has recently left school at age nineteen. Throughout his life he has been diagnosed as Autistic. A claim for ESA was submitted on his behalf. In completing the claim Income related ESA was specified, and a long term doctors certficate provided stating that he was not capable of work because of autism.

Post school he will be attending a course for disabled persons at the local college 3 days a week, and is receiving Direct payments to attend a support organisation 2 days a week.

DWP have now responded stating that they cannot pay ESA because-

1. How much the law says he needs to live on.
2. His National Insurance Contribution Record.

I am somewhat dumfounded by the response given that-
1. My son has no income so how can the law consider that he needs no allowance to live on.
2. My son can have no NI coontributions because he has been at school full time.

Can anyone advise:
1. is there is any route other than appeal too get this decision changed.

2. What are realistic responses to the DWP decisions outlined above.

Thanks in advance for any responses.

It is possible to apply for a reconsideration of the decision by someone more senior, but if you were to appeal, the decision would be reconsidered anyway, and you could drop the appeal if your son got the ESA on reconsideration.

Hi sooty99

According to the DWP's website Employment and Support Allowance - eligibility your son should be entitled to income-based ESA and possibly contribution-based ESA after 28 weeks, as he is under 20.

If you want to avoid appealing you can ask them to explain their decision in writing or over the phone. Unless they think your son has an income or that the law says he needs nothing to live on (£53.85 is what most under 25's need), it may be resolved quickly.

Failing that, as Survivor said, an appeal will automatically be reconsidered. Whatever the problem is, a decision on whether or not someone is entitled to make a claim should be straightforward.

Best of luck

Derek

Survivor wrote:

It is possible to apply for a reconsideration of the decision by someone more senior, but if you were to appeal, the decision would be reconsidered anyway, and you could drop the appeal if your son got the ESA on reconsideration.

If the OP's son was to receive his full entitlement to ESA on reconsideration, the appeal will automatically lapse as there would no longer be an adverse decision which to appeal.

Thanks to those who responded.
Just to let you know that the DWP have now explained that the letter saying ESA would not be paid does not mean that.
It means that information is still awaited from the Child Benefit Agency in order to complete calculations!!!!!!!!!!!!!