I have been approached by a client who is a carer for her disabled child and is currently receiving IS, CA, HB & CTB, CTC and CHB. She is considering starting a nursing diploma course which would pay her a bursary and is wanting to know how her benefits will be affected. I have tried to look at the various benefits in the CPAG handbook but this has confused me even more. Can anyone help as I am unsure as to whether client will be considered as being a full-time student or as receiving a training allowance and what benefits other than CTC and CHB she can still continue to receive?

Sue

This is a reply I had posted to an earlier thread on a similar subject. I hope that this will help to start with. I will try and add something further later.

Thinking more about it I'm not sure if a bursary is counted as income for IS/HB although my instinct tells me that it may be. It should not be classed as earnings for CA.

Regards
Paul

The crucial question will be is a student nurse classed as a student?

A student is defined under reg’ 46 of the HB regs as “ a person other than a person in receipt of a training allowance, who is attending or undertaking –

(a) a course of study at an educational establishment; or
(b) a qualifying course

A training allowance is defined in reg’2 as, among other things, an allowance paid by a government department, or by or on behalf of the secretary of state or the learning and skills council for England, is for the person’s maintenance, for the period or part of the period during which s/he is following a course of training or instruction but does not include an allowance paid by any government department to or in respect of a person by reason of the fact that s/he is following a course of full time education, other than arrangements made under section 2 of the Employment and Training Act 1973 or is training as a teacher.

So is a student bursary classed as a training allowance? If so and s/he is not classed as following a course of full time education (except arrangements made under section 2 of the above act) then s/he should not be classed as a student.

If the above does not apply then is student nursing classed under (a) or (b) above.

If not classed as a student then as long as the income is low enough then s/he should be able to claim (HB).

Sorry I don't know the simple answer to this but somebody else probably will though!

After abit more research : -

The answer appears to be found in Reg 46 (and its commentary) under the definitions of qualifying course and course of study.

Imo student nursing is not a qualifying course (see reg 17A(7) of the Jobseekers regs).

The analysis of course of study refers to R(IS) 19/98, which deals with the status of Project 2000 nurses. It states, at para’ 12, “Students have supernumerary status……….Supernumerary status is defined as follows:

‘supernumerary status’ means, in relation to a student, that she shall not as part of her course of preparation be employed by any person or body under a contract of service to provide nursing care.

This contrasts with the position of student nurses undertaking the ‘traditional’ programmes of education and training, which preceded Project 2000, who were NHS employees. This is not the case with Project 2000 students who are not employees, are not issued with contracts of employment and who are under no contractual obligation to provide nursing care or any other service to the NHS”.

Therefore, if the student nurse is not a Project 2000 nurse then s/he should be eligible for any HB/IS (provided income low enough and under the capital limits) as a bursary should be treated as a training allowance. But training allowance will be treated as income, subject to any disregards.

However, for CA, the bursary may be treated as remuneration under a contract of employment and thus, earnings under section 3 of the SSC&B act 1992. Therefore if over £82 per week would disentitle him/her to CA.

Sorry, just to clarify.

The above will only apply if under an NHS contract of employment and not attending a course of study at an educational establishment.

Thanks very much for the advice it is starting to make more sense. It is not a Project 2000 course but the course is structured in such a way that the students spend part of their time based in the Universtity studying and for the rest of the time are out on placement in NHS settings.

I have just located as I was typing on page 623 of the CPAG handbook a few lines that say something along the lines of students receiving an NHS bursary when completing a nursing diploma are considered to be in full - time education. This will rule her out of any CA but as a lone parent she should be able to claim IS and HB & CTB with the bursary taken into account and with normal student disregards applying.

I think this is right but if anyone knows anything different let me know.

Sue

Following the further info' you provided I completely agree with your conclusions on her benefit entitlement.