Help With Student Loans - HERE!

nick65g

Hi, I understand very well that “academic year” starts on 01 Sep 2011. but from provided link direct.gov.uk_en_EducationAndLearning_UniversityAndHigherEducation_StudentFinance_StudentsFromOtherEUCountries_DG_070143
- "Lived in the UK for more than three years?" --> does not apply to my EU child, she lived 18 years in EU (but not UK). Only here is 01 sept 2011 required!
- so she does not qualify for condition 1, neither condition 2 ("or as a student from England who is returning to the UK to study")
- but, she qualify with the last condition "you qualify through EEA [or Swiss] migrant worker status"
and then here.."have EEA or Swiss migrant worker status - or you're a family member of someone who does" (me, her father).
All condition are independent (separated by the word "OR").
I still need help to clarify this ... please. Thanks.

Taiko

You'll need to supply your work contracts with your child's application in order for them to be considered for maintenance support. You must continue working for the duration of the course, as if you do stop, so does the support offered.

shootme

Hi, I employ a nanny who is ofsted registered. Because nanny's have to be classed as employees (as opposed to childminders who are self employed) I have to pay employers' NI contributions for her. Can these be included in the childcare grant? Also, if she goes on maternity leave can her SMP be included?

Thank you in advance

nick65g

Taiko wrote: »

You'll need to supply your work contracts with your child's application in order for them to be considered for maintenance support. You must continue working for the duration of the course, as if you do stop, so does the support offered.

I have already supplied SLC with my employment contract, my P60 (tax return) for 2008, 2009, 2010, letter from my employer for 3 years continous work, etc; Also fly ticket for 08 sep 2011 and London campus acomodation contract for my child. Every thing they asked for.
btw, campus room rent paid in advance (deposit in MAY, 3 months rent in AUG).

The problem is that SLC said my child will not be eligible for Mintenance Loan (only Tuitition Fee Loan) because she was not "ordinary resident" in UK on 01 sep 2011; I am challenging this rule. Any advice if I am right?

weanie

I wonder if someone can give me some loan advice. My son is working abroad and has been for the past 5 years. Before he left UK, he had racked up quite a lot of debt and a lot of that is cleared but he has an outstanding student loan and has taken a sort of ostrich attitude and ignored any of the letters I passed on to him from them.
A letter arrived today saying they had been in touch with the Inland Revenue and discovered that he was not a tax payer and so he has a form to fillout asking for details of income and so on from his place of work outside of the UK. It also addes that he has 28 days to reply with this information and if not, they 'may' decide to fine him up to £150 and other monies if they have to take steps to discover his status.
Could someone please give me some advice in order for me to pass on advice to my son of his legal obligations and options?
Many thanks

Oldernotwiser

Taiko is the person who would really know the answer but the UKCISA site says-


"Category 5: Non-UK European Economic Area and Swiss workers and family
You are eligible for Student Support if you meet the following criteria:

you must be a non-UK EEA national, or a Swiss national, and resident in the UK as a worker OR
you must be the relevant family member of such a worker;


AND
you must be ordinarily resident in England on the first day of the first academic year of the course unless you are an EEA or Swiss frontier worker or relevant family member of a frontier worker;


AND
you must have been ordinarily resident in the UK or elsewhere in the EEA and/or Switzerland for three years before the first day of the first academic year of the course.
If you are an eligible direct descendant (see the definition of a relevant family member) of an EEA worker who is no longer working or living in the UK, you can still be eligible for Student Support if you came to the UK to accompany your EEA worker parent.

If you or your relevant family member becomes an EEA or Swiss worker part-way through your course, seek advice from your institution, your Students' Union or our Students' Advice Line about whether you will become eligible for Student Support. See also How to apply for Student Support."

MrsManda

weanie wrote: »

I wonder if someone can give me some loan advice. My son is working abroad and has been for the past 5 years. Before he left UK, he had racked up quite a lot of debt and a lot of that is cleared but he has an outstanding student loan and has taken a sort of ostrich attitude and ignored any of the letters I passed on to him from them.
A letter arrived today saying they had been in touch with the Inland Revenue and discovered that he was not a tax payer and so he has a form to fillout asking for details of income and so on from his place of work outside of the UK. It also addes that he has 28 days to reply with this information and if not, they 'may' decide to fine him up to £150 and other monies if they have to take steps to discover his status.
Could someone please give me some advice in order for me to pass on advice to my son of his legal obligations and options?
Many thanks

His legal obligations were to inform the SLC that he was leaving the UK so that he could arrange repayment of his loan.
http://www.studentloanrepayment.co.uk/portal/page?_pageid=93,3867114&_dad=portal&_schema=PORTAL

His options are:
To ignore it and wait until they fine him/take steps to find out his status and charge him for the cost of tracking him down/hand over the debt to debt collection agencies.

To contact the SLC, tell them what he's upto and arrange repayment of his loan.

I'm not sure he had any other others.

nick65g

I have found the answer! Case closed, but I wish the leave here a big warning to all the EU/EEA/EC students (but not UK nationals) who come to study in England:

You will get the Maintenance Load (for help for living cost) ONLY if you are ordinary resident on first day of first year course!
If you lose this chance, it is for ever, aka all 3-4 study years...

This condition is not cleary public info anywhere, on SLC site, gov.uk site etc, trust me, I have read a lot;
Except that is HIDED inside the "The Education (Student Support) Regulations 2009", No. 1555
"www_legislation.gov.uk_uksi_2009_1555_schedule_1_made" (replace _ with /)

SCHEDULE 1 (=ELIGIBLE STUDENTS), PART 2 (=Categories), Here there are all eligible categories in 12 paragraphs.
All categories have EXPLICITLY wroten the condition
"is ordinarily resident in England on the first day of the first academic year of the course;"
The only paragraph without it is no.9 (for EC nationals);

Now the big trick: in PART 6 (LOANS FOR LIVING COSTS) CHAPTER 1(QUALIFYING CONDITIONS)
title "Qualifying conditions for the loan for living costs – current system students"
paragraf "(3) A current system student does not qualify for a loan for living costs if the only paragraph in Part 2 of Schedule 1 into which the student falls is paragraph 9."

WOW; So instead to clear write and enforce a general rule about "ordinary resident" and made only one exception [for category no.9 (for EC nationals)], the low excluded the only exclusion! [category no.9]. Nice!

Now the second trick: "ordinary resident" does not mean you just come in UK and you are instanlty resident; Oh, no, no!
You have to prove by habits, bills, etc. So, taken into account that a bank account is usually delayed 2 weeks, bill not come for other 2 weeks, etc...
Botoom line, it takes at least 1-3 months to be assesed as ORDINARLY resident in UK, not a traveler in holiday passing throgh UK.

I am not complaining in general about SLC, but about the specific fact that they take pride that are open to help EU members, but is crisis in Europe, so [e]migrants are tolerated but not always welcome. So Maintenance Loan from SLC is mostly dust in the eyes for almost EU want to UK students (IMHO);
For Tuitition fee SLC loan is another story, no comment.

Thanks for reading, take care

Oldernotwiser

nick65g wrote: »

I am not complaining in general about SLC, but about the specific fact that they take pride that are open to help EU members, but is crisis in Europe, so [e]migrants are tolerated but not always welcome. So Maintenance Loan from SLC is mostly dust in the eyes for almost EU want to UK students (IMHO);
For Tuitition fee SLC loan is another story, no comment.

Thanks for reading, take care

You seem not to know that these rules would also apply to British students who had been living abroad before the course started.

Taiko

It's the law I'm afraid. Certainly ineligible on residency for maintenance support.