Representing a disabled student, Sidra Kauser, whose claim for universal credit was rejected after the DWP refused to undertake a work capability assessment on the basis that she was a full-time student, Leigh Day solicitors say –
‘She has now applied to the High Court for permission to judicially review the DWP’s policy…
Sidra believes that if she were permitted to have a work capability assessment, then she would be designated as having a limited capability for work and would be entitled to claim universal credit.
Our client believes it is grossly unfair that the government’s policy only sets out to support those already receiving universal credit to access higher education and does not seek to support those who are applying for courses or who are already in education. It is not acceptable for the government to expect disabled students to live on extremely limited financial means during their course of study which has huge ramifications on their health and education outcomes.
Our client argues that the government’s policy that she cannot have a work capability assessment is irrational and therefore unlawful.’