Migrant Worker definition for LEA?

LEA_MW2005

Hello everybody,

I have recently applied for a student loan with my Local Education Authority (Islington), and have been initially assessed as not eligible. I received a rather cryptic email stating that:
“Thank you for your application for HE student support. However I am unable to offer you any assistance with your proposed course of study.
This is because you ceased being a migrant worker before your course commenced.”

There is no other information on such communication on why this is the case. They have not even provided any indication on how to pursue the matter further i.e. how to appeal.
Is this lawful? I thought they were required to attach such information with every communication. The letter does not even suggest I can ask for further information on how they reached their decision.
I am EU national and I came to the UK on the 14th of January 2005.
I started my first job at the beginning of February 2005.
I worked until the 1st of July 2005, when I became unemployed.
I started receiving JSA (Job Seeker’s Allowance) on the 18th of July 2005.
I applied for a student loan on the 20th of September 2005.
My course started on the 26th of September.

I don’t see why I cannot be classified as a Migrant Worker. The letter I received does not seem to deny this; it simply states that I wasn’t a Migrant Worker anymore when I started my course.
I have found some documentation on the DfES website, the “Assessing Eligibility Guidance” (http://www.dfes.gov.uk/studentsupport/administrators/doc/ACF9302.doc).
There is an entire section on “Migrant Workers”, but in particular one paragraph seems to cover my situation rather well:

Students who cease work before starting the course
91. Students who cease work before starting their course will retain their status as migrant workers if there is a link between their work and their studies. There has been little guidance from the European Court of Justice (ECJ) on what constitutes a sufficient 'link' between the course of study and the previous employment for these purposes. In the cases of Lair and Bernini the ECJ indicated that what was important was the relationship between the purpose or subject matter of the studies and the previous employment. This principle does not apply where a person has been employed in the UK but has subsequently "become involuntarily unemployed and is obliged as a result of the situation of the labour market to transfer to another employment sector".

I think the last part applies to my case. There is no link between the course and my previous employment, but since I was unemployed before starting my course, “I am obliged as a result of the situation of the labour market to transfer to another employment sector".
I am not sure what’s the best next step for me to take, and if I have interpreted the regulations correctly.

Thanks in advance to anyone who’s got anything meaningful to say about this…
LEA_MW2005

Savvy_Sue

Well, I'm afraid I haven't got anything terribly meaningful to say, but I'd suggest as a first step that you print off that paragraph and attach it to a letter of appeal ... You could try phoning and see if you can see anyone, although unless you're still living near Islington that's obviously not going to be easy ...

University may also be able to help, through Students Union or Welfare?