1. Ill health

1. Ill health

Full-time students

Which benefits you are eligible for depends on how long you have been ill, your age, whether you have paid any national insurance (NI) contributions, and whether you need personal care or have mobility difficulties. Once you have recovered, you may be able to get universal credit (UC) or, occasionally, jobseeker’s allowance (JSA) until you can return to your course.

You usually still count as a full-time student when taking time out of your course, unless you have completely abandoned or been dismissed from it (but see here for when this may not apply).1UC Reg 13(1)(a) UC Regs
ESA Reg 2(1), definition of ‘period of study’, ESA Regs
HB Reg 53(2) HB Regs

Note: if you have to take time out from your studies because you are ill, you cannot usually make a new claim for income-related employment and support allowance (ESA) or housing benefit (HB), as these benefits are in the process of being replaced by UC. However, an exception applies (for HB only) if you are in certain specified or temporary accommodation (see here).

 

1     UC Reg 13(1)(a) UC Regs
ESA Reg 2(1), definition of ‘period of study’, ESA Regs
HB Reg 53(2) HB Regs  »

From the start of your ill health

If you have paid sufficient NI contributions in recent years, you are eligible for contributory ESA after seven ‘waiting days’ (see Chapter 4).

From three months

You can claim personal independence payment (PIP) if you need help getting around or with daily living activities because of a disability. You are eligible for this after three months if your disability is likely to last at least another nine months.

You can claim UC if you get PIP or disability living allowance (DLA) and have ‘limited capability for work’. Your claim for UC is likely to be refused outright if you do not already have limited capability for work. You can claim contributory ESA in order to establish that you have limited capability for work (although you do not have to get any ESA to qualify in this way). Once you are found to have limited capability for work for ESA (and you also get PIP or DLA), you are then eligible for UC.

From 28 weeks

Once you have had ‘limited capability for work’ for 28 weeks, you can claim HB to help with your rent (if you can make a new claim for this - see here).

The 28-week period runs from the day your limited capability for work begins, not from the day you leave your course. See here for how limited capability for work is assessed. You do not need to have been working to count as having limited capability for work. Note: you can have limited capability for work but still be able to study, so HB can continue when you return to college or university.

Example

Sean is ill and takes time out of his course. He is not eligible for PIP, and has not worked enough to qualify for contributory ESA. He gets no benefits until he has been ill for 28 weeks, when he can claim HB (because he lives in temporary accommodation). He makes a claim for ESA, supported by a backdated medical certificate, in order to establish his limited capability for work, and also fills in a claim form for HB.

Once you have recovered

Once you have recovered, you may need to wait some time to be readmitted to your course. During this time you can claim UC (or HB if you can make a new claim for this – see here and here).1UC Reg 13(4) UC Regs
JSA Reg 1(3D) JSA Regs; para 30209 DMG
HB Reg 56(6) HB Regs

You can claim for up to one year from the day you recover until the day the college or university agrees you can return to your course. You are not eligible if you get a grant or loan during this time. Once the student support stops, you can claim benefit.

 

1     UC Reg 13(4) UC Regs
JSA Reg 1(3D) JSA Regs; para 30209 DMG
HB Reg 56(6) HB Regs  »

Student support

Although payment of your student loan can be suspended after 60 days’ absence because of ill health, the Student Awards Agency Scotland (SAAS) has the discretion to continue to pay you until the end of the academic year.

Your college or university should tell SAAS the reason you have suspended your studies.

If you need to repeat a year for health reasons, discretionary repeat-year funding may be available. Alternatively, you may get funding for one extra year for whatever reason, although this depends on your previous study.

If you select the repeat-year funding box on your application, SAAS contacts you to tell you if it needs additional information.

If you take time out from your course because of ill health and are not paid a student loan during this time, the unpaid student loan does not count as ‘notional’ income when calculating your ESA.1Reg 137(4A) ESA Regs For UC and HB, the unpaid loan is arguably not counted as ‘notional’ income, because payment of it is discretionary.

 

1     Reg 137(4A) ESA Regs »

Part-time students

If you are a part-time student (and do not count as receiving education for UC – see here), you can claim UC as soon as you are ill or disabled, whether or not you get PIP or DLA.

From the start of your ill health

If you are already getting UC, you can submit a fit note if you become ill or disabled.

You can claim contributory ESA if you have paid sufficient NI contributions.

From three months

You can claim PIP if you need help getting around or with daily living activities because of a disability. You are eligible for this after three months if your disability is likely to last at least another nine months.

Once you have recovered

You can claim UC (or, sometimes, contribution-based JSA - see here).