website rules

sunrise27_2

I can't give a link because they did actually change it about 10 days after the changes but I did manage to print it off when it was wrong

dmg24

Which website was it - the Direct one? Did you do something as a result of the information which has now left you out of pocket? Was it wrong, or just misleading/ open to interpretation?

sunrise27_2

yes its the direct gov one it relates to ema payments it said on there that my daughter was eligible for it regardless of household income where in fact the rule changed on the 28th June the day she started the course and now its to be means tested so she won't get it
I would have thought the website should have provided the most recent information and made students aware of any changes that were going to be coming into effect

dmg24

The website does cover themselves for this eventuality ...

In no event will We be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, or loss of profits, arising out of or in connection with the use of https://www.direct.gov.uk, or reliance on its content.

The Directgov website is not a substitute for independent professional advice and users should obtain any appropriate professional advice relevant to their particular circumstances.

There could be some vague estoppel argument, but I doubt you would get very far with it at all.

sunrise27_2

again thank you for your help I do appreciate it , I just thought it might be another avenue to go down
unfortunately its not just that website that has the wrong information on it I have many others .
the college itself was not even aware of the changes and neither was the funding administrator
I have found the online submission site for ema and that too has the wrong information on in , thanks for not being abusive to me like the posters on the other thread

sunrise27_2

in this case I would have thought that professional advice should have been given by the college ?? the fact that they were not aware of the changes seems to imply that the information was not passed on correctly

dmg24

sunrise27 wrote: »

in this case I would have thought that professional advice should have been given by the college ?? the fact that they were not aware of the changes seems to imply that the information was not passed on correctly

The college should have been aware of the changes. However, it still will not get you the EMA payment, as that is governed by Regs with no exceptions made. You may have a claim against the college, but I doubt you would wish to go down that route, and I imagine they would have a get out along the lines of 'EMA is not guaranteed until you have applied'.

sunrise27_2

my daughter has a contract from ema dated 2nd June but because it wasn't signed until the 28th the day she started the course ( she was told by the college to get it signed that day ) she is no longer eligible.
if the ema knew the rules were changing then I would have thought they should have put a letter or some sort of information in with the contract to inform her that if the course started on or after the 28th June she would have to reapply - I do think it has been handled very badly
I have my local MP involved and have been told by the ema to put a claim in which i have done

dmg24

Would she have been eligible for payments after 28th June if she had applied earlier? If so, that does change things, and there may be scope for backdating due to misinformation. I am not up on the rules of EMA, but for most benefits misinformation from a govt source would be grounds for backdating. You would need to check if this is the same for EMA - your MP would be able to get this information for you.

BargainGalore

EMA has always been means tested your daughter may get less or nothing depending on what your incomes are

sunrise27 wrote: »

yes its the direct gov one it relates to ema payments it said on there that my daughter was eligible for it regardless of household income where in fact the rule changed on the 28th June the day she started the course and now its to be means tested so she won't get it
I would have thought the website should have provided the most recent information and made students aware of any changes that were going to be coming into effect