Help With Student Loans - HERE!

ttarp2588

I gained it for the year 2015/2016, also I made sure this was the case when I asked The Open University to provide me one and they assured me it was for 15/16, my qualification date on the diploma supplement is July 2016, still waiting for the official certificate to come through the post.

I've no idea where to start with putting all this into the appeal draft, I should omit regulation 22 from it though as none of this applies to me correct? Do you think I should also include these rules as well as the conversations I had with the advisors? Couldn't hurt leaving the time of phone calls and stuff in would it?

Ed-1

ttarp2588 wrote: »

I gained it for the year 2015/2016, also I made sure this was the case when I asked The Open University to provide me one and they assured me it was for 15/16, my qualification date on the diploma supplement is July 2016, still waiting for the official certificate to come through the post.

I've no idea where to start with putting all this into the appeal draft, I should omit regulation 22 from it though as none of this applies to me correct? Do you think I should also include these rules as well as the conversations I had with the advisors? Couldn't hurt leaving the time of phone calls and stuff in would it?

You need to make the distinction between an appeal and a complaint. The advisers stuff can be put into a complaint but is irrelevant to an appeal and would just cloud the matter. Student Finance England have no discretion to award funding if the regulations don't give the student entitlement, regardless of whether the advisers were right or wrong. So an appeal needs to focus on the facts of your previous study and what the regulations say your entitlement should be. You can do this first in an appeal as the urgent matter is getting the right decision on your funding, and give your interpretation of the regulations in your appeal, and if you want after you get an outcome of that make a complaint about the advisers (if indeed they are wrong - to me it looks as though the assessor is wrong and the advisers were right).

If you are starting your new degree course in academic year 2016/17 then it appears to me that regulation 21 and not 22 is the one that applies to you as you previously studied on and gained a Certificate of Higher Education (the preliminary course) and you are taking a full-time first degree course immediately after it (paragraph (2)(b)(ii) of regulation 22 says the new first degree course musn't begin immediately after the preliminary course for regulation 22 to apply).

They could not count your first course as a Certificate of Higher Education as it wasn't - it was meant to be a longer first degree course, which you withdrew from and gained a different qualification (lower than an honours degree). My bet is they will count it as if it was the Certificate of HE as the course you did (of 1 year's duration) and completed (gained qualification) but if they didn't in that case non of the courses in paragraphs 2 to 4 of schedule 2 apply to you anyway and it would be regulation 21 that would determine your entitlement - although crucially whether it's regulation 21 or 22, they both would give you full funding for your new course as you've only got 1 academic year of previous study and the new course is not equivalent or lower than the Certificate of Higher Education which you've got.

ttarp2588

Ah ok, so the crucial bit is the part where last years loan was for the first year of a 3 year degree and not just a 'CertHE', I understand now, thanks :T

Ed-1

ttarp2588 wrote: »

Ah ok, so the crucial bit is the part where last years loan was for the first year of a 3 year degree and not just a 'CertHE', I understand now, thanks :T

If regulation 22 applied (which it doesn't anyway if you are taking a new course immediately after completing the CertHE), then if they did take it as you completed a 1 year CertHE rather than withdrew in your first year of a 3 year degree, it would mean regulation 22 applied if you didn't start the new degree immediately after the CertHE.

I think we can say that regulation 21 is the one that applies to you as you are doing the new course immediately after the other.

But that's not the important bit.

For regulation 21, you've spent 1 year on a previous course and your new course is not an equivalent or lower qualification*. The ordinary duration of the new course is 3 years. So under this regulation you're entitled to 3+1-1 = 3 years of funding. In other words you should get a tuition fee loan for your first year (and all subsequent years) and so should rightly make an appeal stating this regulation and that this is what you believe you are entitled to under it.

*Paragraph (5) of regulation 2 states that the Secretary of State may determine that a qualification is an equivalent or lower qualification if—
(a) an eligible student holds a higher education qualification (you hold a CertHE) from any institution whether or not in the United Kingdom; and
(b) the qualification referred to in sub-paragraph (a) is an honours degree (yours isn't) from an institution in the United Kingdom or is of an academic level which, in the opinion of the Secretary of State, is equivalent to or higher than a qualification to which the current course leads (again, yours isn't).

Student Finance England assessors have to interpret these regulations and make a judgement on what funding you're entitled to. In cases like these it's clear that there can be mistakes - and it looks likes this is one.

Jangor

Hi,

I have one daughter going into final year and another starting this autumn.

Forms have a section for declaring pension contributions. So if i make extra contributions can i improve the loan my daughter gets.

The extra pension contributions would be to an existing private former employers pension.

Regards,
Owain

Savvy_Sue

Jangor wrote: »

Hi,

I have one daughter going into final year and another starting this autumn.

Forms have a section for declaring pension contributions. So if i make extra contributions can i improve the loan my daughter gets.

The extra pension contributions would be to an existing private former employers pension.

Regards,
Owain

Isn't it asking you about a previous year's income and pension contributions? So making contributions now might benefit your DDs in a couple of years' time, but not the year for which you're now completing the forms.

Mrs_Arcanum

Jangor wrote: »

Hi,

I have one daughter going into final year and another starting this autumn.

Forms have a section for declaring pension contributions. So if i make extra contributions can i improve the loan my daughter gets.

The extra pension contributions would be to an existing private former employers pension.

Regards,
Owain

Worth checking with the student loan calculator to see how much you would need to add to your pension pot to make a worthwhile difference.

The loan system did not ask about pension contributions or any other deductions when we have done them. Just taxable pay as per your P60 for the previous year.

Whilst pension contributions may reduce the amount of tax paid, they do not reduce your taxable pay.

Arizona13

My son hasn't had any official notification of his entitlement as yet and he goes to Uni in 2 weeks. We've rung twice and they have been casual to the point of horizontal about it. Any thoughts on how to proceed? Ta

Ed-1

Arizona13 wrote: »

My son hasn't had any official notification of his entitlement as yet and he goes to Uni in 2 weeks. We've rung twice and they have been casual to the point of horizontal about it. Any thoughts on how to proceed? Ta

When was the application submitted? Has all evidence and forms asked for/necessary been submitted?

Lightway12

When is the interest rate too high in your opinion? And when is it OK?
Thanks in advance!