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

Crispy_Ambulance

CIS wrote: »

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

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 ,

No, that's not the case. Statutory Instrument 1996 No. 636 clearly states that a person is a full time student from the day they start the course until the day they "complete, abandon or are no longer permitted to attend it."

Students taking a year out, doing a placement or who are repeating a full time course on a part time basis are still exempt from council tax.

For the OP, Shivster is correct and you are entitled to your funding for this year (which you will have to repay with the rest of your student funding) but you will have used up your "plus one" year of extra funding so will struggle if you need to repeat again.

CIS

No, that's not the case. Statutory Instrument 1996 No. 636 clearly states that a person is a full time student from the day they start the course until the day they "complete, abandon or are no longer permitted to attend it."

Only if you take the amendment of the paragraph by itself without considering the next section in the original 1996 order.

All that amendment order paragraph does is change the reading of the section from

A person is to be regarded as undertaking a full time course of education on a particular day if—

• (a) on the day he is enrolled for the purpose of attending such a course with a prescribed educational establishment within Part I of Schedule 2 to this Order, and

• (b) the day falls within the relevant period for that course.

to

A person is to be regarded as undertaking a full time course of education on a particular day if—

• (a) on the day he is enrolled for the purpose of attending such a course with a prescribed educational establishment within Part I of Schedule 2 to this Order, and

• (b)

the day falls within a 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.

All this change has done is clarify what is meant by the relevant period of time that the course lasts.

The following section of 1996 order states that the condition on the number of hours must be met each year.

(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.

If the hours are not met during that period then they are not technically F/T students for council tax.

dmg24

Another consideration for the OP is what would happen if they needed to claim JSA or LHA/ CTB during the year. If still classed as a full time student, they will not be eligible for any of the above.

[Deleted User]

Every single student I have advised in this situation has been counted as full-time. This is also the case for benefits. Students in this situation should not get benefits because they are still eligible for student funding. Even if the student doesn't apply for it, the benefit calculation will count it as income.

This is also part of the reason they are exempt from Council Tax, the clear intention of the published guidance is that no one should fall through the crack of having to pay but not being able to claim the benefit.

All of the information I have given has been tried and tested by me and many other student advisers. At the very least it is worth the OP giving it a go.

Oldernotwiser

Could you please answer my question regarding the payment of fees?

[Deleted User]

They would take out a fees loan but the fees would be dependant on what the uni charges in such cases.

Elsterap

Shivster wrote: »

Every single student I have advised in this situation has been counted as full-time. This is also the case for benefits. Students in this situation should not get benefits because they are still eligible for student funding. Even if the student doesn't apply for it, the benefit calculation will count it as income.

This is also part of the reason they are exempt from Council Tax, the clear intention of the published guidance is that no one should fall through the crack of having to pay but not being able to claim the benefit.

All of the information I have given has been tried and tested by me and many other student advisers. At the very least it is worth the OP giving it a go.

Thankyou,definetly seems complicateed, but i will get the ball rolling. thankyou!

Crispy_Ambulance

CIS wrote: »

Only if you take the amendment of the paragraph by itself without considering the next section in the original 1996 order.

All that amendment order paragraph does is change the reading of the section from
to
All this change has done is clarify what is meant by the relevant period of time that the course lasts.

The following section of 1996 order states that the condition on the number of hours must be met each year.



If the hours are not met during that period then they are not technically F/T students for council tax.

Note the word "normally" in the hours and weeks requirement. If the course is "normally" full time then the student qualifies. Students on placement, on leave of absence and who are repeating will still qualify for council tax exemption.

Normally doesn't mean HAS to be. I would always argue that the student is a FT student for council tax purposes if they are registered on a FT course.

OwenTuz

Shivster wrote: »

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

Thank you so so much! This is the original advice I was given but my college then refused to back it up so I've been trying to appeal on the basis of my hours of study, but unsuccessfully so far.
When I mentioned this to the college recently they suddenly decided they couldn't even continue to talk to the Council about it, presumably in case this came up... not very helpful.

I must have missed this previously, but this is exactly what I've been looking for and I've sent it off to the Council. Thanks again, you may have just saved my life! This has been going on since November and I've started getting the letters with warnings about possible legal action...

[Deleted User]

Very glad to be of help!

Best of luck