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Failed a module as FullTime student, so going PT, lots of problems!

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  • abfmdf
    abfmdf Posts: 44 Forumite
    If I was in the same situation what I would do is take extra credits (level 11) so that you are considered full time.

    Once you graduate the "extra credits" can then easily be converted to another by degree with open university (credit transfer) and you would only need to take a few more modules. (what you select depends on what course you are doing)

    Your other option is to try claim income support and housing benefit(you may be better off not working)

    http://www.direct.gov.uk/en/EducationAndLearning/UniversityAndHigherEducation/StudentFinance/FinanceForNewStudents/DG_10034863
  • abfmdf wrote: »

    Your other option is to try claim income support and housing benefit(you may be better off not working)

    http://www.direct.gov.uk/en/EducationAndLearning/UniversityAndHigherEducation/StudentFinance/FinanceForNewStudents/DG_10034863

    OP would have to claim JSA, not IS, and be actively seeking work. It also wouldn't solve the CT problem.
  • pinkshoes
    pinkshoes Posts: 20,564 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Could you not get a full time job? Do you really NEED to go to the lectures?

    I had to resit after failing due to illness (actually, I failed ONE exam, but the uni didn't do a summer resit for second year students, and they also made me re-sit ALL of them despite me passing the rest first time!), but the uni agreed that as I'd passed all the rest, they were happy I didn't need to attend any lectures or be a student that year, just to come back and resit the exams. I got myself a full time job living elsewhere, then came back at weekends to stay in the student house. I didn't have to pay the 75% CT (on a huge 5 bed house!!) as it wasn't my main residence, and I was on a council tax bill at the place I stayed during the week.

    Speak to your university, and they'll help you out. Could you live at your parents house and find a job, then go back to uni at weekends to see your mates?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • WHOA!

    You are not a part-time student if you intend to return full-time to your course. You are undertaking a period of part-time study within a full-time course. You still get LEA funding and are exempt from Council Tax. You need to contact your LEA, tell them that you are extending due to academic failure and you are doing a period of part-time study within a full-time course, and you will get the 'spare' year of funding.

    Council Tax wise:
    Here's my standard letter to the Council re part-time repeaters

    A student undertaking a period of part-time repeat study within a full-time course should be regarded as a student for council tax purposes by virtue of the definition of “student” as provided by article 4, paragraph 3 and 4 of Schedule 1 to the Council Tax (Discount Disregards) Order 1992, as amended by the Council Tax (Discount Disregards) Order 1996. Article 4 provides that “student” means a person who is to be regarded as (among other things) a person undertaking a full-time course of education, as according to paragraph 3 and 4 of Schedule 1 to the Order.

    Paragraph 4 of Schedule 1 to the Council Tax (Discount Disregards) Order 1992 defines full-time study thus:
    A full time course of education is… one (a) which subsists of at least one academic year of the educational establishments concerned or, in the case of an educational establishment which does not have academic years, for at least one calendar year, (b) which persons undertaking it are normally required by the educational establishment concerned to attend (whether at premises of the establishment or otherwise) for periods of at least 24 weeks in each academic year or calendar year… during which it subsists, and (c) the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each such academic year to an average of 21 hours a week during the periods of attendance mentioned in… (b)… in the year.
    The argument that the period and length of attendance required (24 weeks and 21 hours) mean that part-time repeaters do not fall into the definition of student is a simplistic reading of the above: the key word in paragraph 4 is ‘normally’.

    Paragraph 3 of Schedule 1 to the above Order (as amended by the subsequent Order of 1996) states that a person is to be regarded as undertaking a full-time course of education on a particular day if:
    (a) on that day he is enrolled for the purpose of attending such a course with [a university] and (b) the day falls within the period beginning with the day on which he begins the course and ending with the day on which he ceases to undertake it, and a person is to be regarded as ceasing to undertake a course of education for the purpose of this paragraph if he has completed it, abandoned it or is no longer permitted by the educational establishment to attend it.

    As a part-time repeater you have not completed your course, and nor have you abandoned it or in any way been prevented by the uni from attending, it follows that you are still undertaking a full time course of education. Indeed, the explanatory note to paragraph 3(b) of Schedule 1 (as given in the amended form above) states that “the amendment… enables students to qualify even during a period where they are not attending the course”.

    Finally, in 1996 the Department of the Environment stated in a Council Tax information letter than in their view, “a period of intercalation will remain within the period of a course... and therefore, provided that the person remains enrolled at the educational establishment, they will continue to fall within the definition of a full-time student."

    I had to send this to the Uni administration in order to get them to give part-time repeaters their council tax certs. If your Uni will not give you the cert, take this info to the SU and get someone to get the Uni to change their procedures.
  • pinkshoes
    pinkshoes Posts: 20,564 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Shivster wrote: »
    WHOA!

    You are not a part-time student if you intend to return full-time to your course. You are undertaking a period of part-time study within a full-time course. You still get LEA funding and are exempt from Council Tax. You need to contact your LEA, tell them that you are extending due to academic failure and you are doing a period of part-time study within a full-time course, and you will get the 'spare' year of funding.

    Well that's the first I've ever heard of it! I certainly wasn't exempt from council tax, and DID NOT qualify for funding. Nor was anyone else I know that have repeated a year/module for whatever reasons. Infact, they accidently paid me my loan, and I had to give it back!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • This issue is often confused. If you are doing a period of part-time study within a full-time course (you must intend to go back full-time after your repeat year) you are not a 'proper' part-time student. This hasn't always been the case. Part-time repeaters used to be counted as 'proper' part-time students, but not any more.

    The Guidance for LEAs in assessing such cases is here http://www.dcsf.gov.uk/studentsupport/administrators/dsp_section_115.shtml

    Down at the bottom of the list there is a doc called Assessing Eligibility Guidance, the relevant sections are points 190 onwards (page 49). The crux of the matter is that attendance of a course part-time does not render the course itself a part-time course. You are still undertaking a full-time course.

    " 190. When a student is deemed eligible for support on a designated course he is generally eligible for the duration of the course, subject to the rules on tuition fee and living costs support and regulations 4 and 6. The fact that the student attends part of the course on a part-time basis does not render the course itself part-time. As long as the course is a full-time one the student should remain eligible for full time support."

    I hope this is useful to some people. Too many students have been given incorrect advice about this sort of situation.
  • pinkshoes
    pinkshoes Posts: 20,564 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'm actually quite horrified that a student can not only repeat a year after failing, but can get financial support for it!!

    I thought that only 1st year students could re-sit exams (during the summer), and the only reason someone could "repeat" a year was if they dropped out before exams with good reason, or they failed exam(s) due to illness which was backed up by a doctors certificate. If you failed 2nd/3rd year exams then you were out!

    No wonder degrees are being de-valued nowadays, and employers are having to filter out candidates that can't even spell and use grammar/punctuation correctly on an application form!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Presumably if this information is correct then the student will have to take out a fee loan for the repeated year and pay full time fees?
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As a part-time repeater you have not completed your course, and nor have you abandoned it or in any way been prevented by the uni from attending, it follows that you are still undertaking a full time course of education. Indeed, the explanatory note to paragraph 3(b) of Schedule 1 (as given in the amended form above) states that “the amendment… enables students to qualify even during a period where they are not attending the course”.
    I would argue that yes they haven't abandoned the course but they have changed the hours required by going part time therefore they are not meeting the required criteria for that period unless they are still meeting the required average hours of attendance subject to
    (c) the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each such academic or calendar year to an average of at least 21 hours a week during the periods of attendance mentioned in paragraph (b) above in the year.
    They have stated that they are undertaking only 1 module next year therefore although its still part of the course if they no longer meet the hours criteria for that academic year then they no longer remain a F/T student for council tax purposes as per ,
    (c) the nature of which is such that a person undertaking it would normally require to undertake periods of study, tuition or work experience which together amount in each such academic or calendar year to an average of at least 21 hours a week during the periods of attendance mentioned in paragraph (b) above in the year.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • The Council Tax information I provided is based on the guidance produced for Local Authorities and the Local Government Finance Act. The government guidance notes have made it clear that even intercalating students (students who have taken a year out of their course) are exempt. This is also the case for part-time repeaters. All of the local councils in my area accept this, this is as far as I have personal experience of getting it for my clients, however I know of lots of other Advisers who have had success with it in different LA areas.

    As I said above, the key is the word 'normally' in the hours requirement. The hours-requirement is not the most important part of the assessment of exemption. There are some genuine full-time courses that wouldn't meet that hours requirement during some terms.

    It used to be the case that you could only get repeat funding it you messed up in the first year, the legislation has now changed so you can still get funding if it happens later in your course.
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