Hello All.

I am represneting a young man who has had to temporarily abandon his university degree to care for his mother. CA has accepted his claim, the council do not class him as a student and his student loan has stopped.

I have looked closely at the DWP DM guide and Reg 61 of the IS (general) regulations 1987 and it is quite clear that he has to completely abandon the course. That merely deciding to give up the course is not enough and that he must have actually taken steps to permanently sever connection with the uni and that he remains a student during a break from study - despite the reason for this break.

This gentleman has not perminantly severed ties and I appreciate therefore that we are not going to win at appeal for all of the above reasons. However, i think this piece of legislation is awaful - indeed my reading of the law is that if he were making a claim for JSA he would be ok.

We intend on persuing this matter past the appeal hearing - as a matter of principle. However, I wonder what your opinions are on this and if you can suggest any way to present the case?

Thank you

Yes. I agree it is dreadful. I have a student who is very ill in the same situation - she has postponed course for a year but it looks as if she will have to actually abandon it, as she has currently no income, no entitlement to HB and she is too ill to claim JSA. I have assumed she cannot claim CA either - can you let me know how this was argued?
Ruth Knox

I certainly wouldn't seek to put ideas into anybody's head, but......
Has the student been suffering from stress as a result of his mother's illness or his caring responsibilities? Would a GP sign a backdated sick note confirming that? Full time students can claim IS if they have been incapable of work for 28 weeks.

As an alternative or additional source of help, the LEA has discretion to continue to pay student support in these circumstances and the University's Access to Learning Fund also has discretion to assist.