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Conditionality for students
CPAG’s Early Warning System has a fair number of cases demonstrating that the automated UC calculation struggles with student income - with under and (recoverable) overpayments all over the place, plus recurring errors which persist even after the claimant has pointed them out.
However, we hadn’t received any cases to suggest problems with conditionality, until now.
Despite guidance [http://data.parliament.uk/DepositedPapers/Files/DEP2021-0835/146_Students-eligibility-conditionality-student_income_V23-0.pdf] clearly saying that qualifying claimants with student income should be in No Work Related Requirements group, we’ve just received a case where a single mum has been obliged to seek work throughout her studies.
Is this something you’ve come across before? Or can we safely assume this is an isolated incident?
ADM agrees…
J2071 A person who is receiving education but is entitled to UC who
1. is in receipt of student income in respect of the course they are undertaking and
2. has student income taken into account in the calculation of their award of UC
cannot have work-related requirements placed on them.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1046459/adm-j2.pdf
In the Regs as well:
https://www.legislation.gov.uk/uksi/2013/376/regulation/89
This covers students who are “receiving education” (i.e. full time advanced education etc) but eligible for UC under Reg 14 (responsible for a child etc). It also covers the student member of a couple where the other claimant is not a student.
Alas no!!!!!!
We have just forwarded an example (another lone parent student) to EWS.
ADM agrees…
J2071 A person who is receiving education but is entitled to UC who
1. is in receipt of student income in respect of the course they are undertaking and
2. has student income taken into account in the calculation of their award of UC
cannot have work-related requirements placed on them.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1046459/adm-j2.pdf
For Scottish students, policy in student awards seems to be to reduce the bursary to £28 per week. If this amounts to £121.33 per month, with a £110 disregard from UC, countable income for UC is pretty low. Wondering if ANY student income taken into account makes them safe