Student migrating from Incapacity Benefit to Employment & Support Allowance

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    junderwo
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    I am dealing with a single 3rd year student who was entitled to HB in his 1st & 2nd years because he was on Incapacity Benefit and entitled to the disability premium. In the summer he migrated onto contribution based Employment & Support Allowance. I have asked the DWP if he fulfils 56(1)(e) or (ea) HBR:

     

    (e) who is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;

     

    (ea) who has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days, and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period.

     

    They will not give me a yes or no answer but I don't think he does fulfil either of these 2 conditions. '(e)' refers to Incapacity Benefit and he is not in receipt of that benefit. '(ea)' refers to Employment & Support Allowance and he has not been in receipt of that benefit for 196 days. As a claimant is not supposed to lose out on migration can anyone advise a route to Housing Benefit eligibility?

     

    THANKS

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