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Income Support/

Hello everyone. If anyone can read this and offer some advice it will be greatly appreciated. I am sorry that this is such a huge post but my style of writing is quite word count intensive and it is a complicated situation. Though perhaps not as complicated as some you come across :p

I am 25 years old and a university student (officially full-time although, for this final year, I am attending on a part-time basis for health reasons). I am currently living in a student house with two other students (both full time). I am receiving £5000 in loan and grants this year.

I currently receive Disability Living Allowance (Mobility at lower rate, Care at middle rate) and Housing Benefit. Both were awarded last summer (July).

I should say that the disabilities/medical conditions I have are epilepsy (well controlled), bipolar disorder and dyspraxia.

The reason for changing to part-time attendance was because I felt the final year was going to be too intensive and may trigger a depressive episode. I've actually been in HE since 2004 and needed to take two years out because of health reasons/I wasn't receiving adequate support. That was not a pleasent experience and I had to fight in order to return. So I obviously didn't want a repeat of this so chose to attend part-time. This concession, to change to part time attendance, was granted in September 2010.

In September of 2010 I applied for Income Support. I know that as a full-time student I'm normally not entited but, as I'm claiming DLA (and I think I'm eligible for the severe disability premium), I thought I was one of the exempt groups. The same reason why I'm eligible for Housing Benefit. Is this the case?

I ask because my claim was denied on the grounds that I "do not meet the conditions for entitlement". I was surpised by this, not so much the decision itself, but that they made this decision before I was able to provide them with my student loan details but nevermind.

I phoned to ask why I don't meet the conditions but unfortunately the advisor I spoke to couldn't provide an explanation. All it said on the database was exactly what it said on my letter. I do not meet the conditions.

She suggested I write to them and ask for a further explanation. I did this. However, I didn't receive a reply.

I was ready to make an official appeal. However, in early October I realised I was entitled to the full loan and grant. At that time I thought I was going to be classed as a part-time student and therefore not entitled to full time student finance.

I was obviously pleased about this, particularly as this is the first time I've been eligible for a means tested grant, so decided not to appeal the IS decision. I had more than enough money to get by and, even if I am entitled to IS, decided it would be unethical for me to claim as I had enough money for my needs.

However there has been a change in circumstances. My father, who has been on the sick since November of 2009, left his job due to bullying and harrassment (the reason why he was on the sick). He is taking legal action against his former employer and is starting his own business.

But this has obviously placed financial strain on my parents and I needed to give them 1k (an early repayment of a previous loan from them from my time out of study). The repayment was supposed to take place once I graduated but unfortunately it needed to be made earlier.

As a result things are starting to get a bit thin on the ground. Made even worse by the fact that I've needed to spend £600 on university books this Christmas. Obviously, if things get too bad, I'll be getting in touch with university and ask about Access to Learning. But things aren't quite that bad yet.

So, in short, I'm confused about two things: -

First of all, whether I am officially classed as full-time or part-time. I am registered on a full-time course (and I have only two fewer contact hours a week than if I were still FT). Because of this, and that I'm receiving full-time finance, I'm assuming full time. I suppose this really comes down to my own university's definition and not something anyone here can answer.

Most importantly, from what I've said does anyone think I am entitled to IS in the event that, a) I'm a full time student and b) I'm part-time.

I suspect that I am mistaken. That having a disability (and being eligible for the severe disablement premium) does not make me an exempt group and that I am therefore not entitled to IS as a full time student.

If I am part-time then I'm classified as being able to work and will need to sign onto JSA and look for work. If my disability affects my ability to work (difficult issue) then I'll need to apply for ESA.

If I'm not eligible for IS then I can probably see things out until April. By this point most of my study will be finished and there's a long summer so I'll apply for jobs. But at this moment in time I just cannot work due to study commitments and fear of taking on too much, causing me to have another breakdown - the one which preceeded my temporary withdrawl from university a few years ago.

I know the rules are complex and it's probably the case that no one can give me a proper, accurate reply. I will be getting advice from Citizen's Advice next week anyway, but if anyone can provide some feedback it'll be appreciated.

Thank you for your time.
«1

Comments

  • Given you are receiving a full loan, then I would assume you will be classed as full time for all purposes.

    Not sure about the IS entitlement.

    You need to put in an application for the Access to Learning fund tomorrow. In my opinion, you fulfil quite a few criteria (final year etc) If you paid your parents the 1k as a lump sum in the last few months you might have issues though as they ask you to provide 3 months worth of bank statements and explain any payments over £250.

    You should also speak to your Uni's Disabilityn Support Office to check that you're getting all the support you could be. They will be able to give you advice/point you in the right direction for any other uni monies you can apply for.
  • tcr_3
    tcr_3 Posts: 580 Forumite
    Wouldn't it be Employment & Support Allowance you'd have to apply for, rather than Income Support ?

    Income Support's being phased out for those too sick to work.

    You'd have to apply for ESA & submit details of your grant/loan.
    I no longer contribute to the Benefits & Tax Credits forum.
  • SJI85
    SJI85 Posts: 259 Forumite
    tcr wrote: »
    Wouldn't it be Employment & Support Allowance you'd have to apply for, rather than Income Support ?

    Income Support's being phased out for those too sick to work.

    You'd have to apply for ESA & submit details of your grant/loan.

    Thank you for your reply.

    That's what I thought.

    In September, when I was told I was entitled to IS as a result of claiming DLA, I believe this was based on outdated information. I think it was on 2007 when most exemptions in the "full time student" category were removed, certainly those with disabilities, meaning only people like single parents are now entitled. But I'm still reading information which would contradict this.

    I'm not sure if I'm entitled to ESA, as I don't really consider myself too sick to work despite my disabilities. I just have the further complication of my course. It can be difficult fitting even a part-time job alongside a degree.

    I certainly can't get a full time job. Even if I were to get a part-time job (of eight hours a week) this may prove too much.

    It just feels as though I am in a trap at the moment.

    The claim would be based on being a low income and unable to work due to study commitments. Not being unfit to work as such.

    Otherwise then I will apply for ESA and provide my student finance details but I'm not hopeful that I'll be accepted :(
  • SJI85
    SJI85 Posts: 259 Forumite
    Given you are receiving a full loan, then I would assume you will be classed as full time for all purposes.

    Not sure about the IS entitlement.

    You need to put in an application for the Access to Learning fund tomorrow. In my opinion, you fulfil quite a few criteria (final year etc) If you paid your parents the 1k as a lump sum in the last few months you might have issues though as they ask you to provide 3 months worth of bank statements and explain any payments over £250.

    You should also speak to your Uni's Disabilityn Support Office to check that you're getting all the support you could be. They will be able to give you advice/point you in the right direction for any other uni monies you can apply for.

    Thank you for your reply.

    I'll certainly speak to my Assisstant Senior Tutor.

    I have a great Assistant Senior Tutor and, fortunately, she deals with the financial applications and advice. My Senior Tutor is, quite frankly, incompetent and wrongly informed me two years ago that I'm not entitled to Access to Learning as you can only claim once. I claimed in 2007 to pay for my private neuropsychological assessment.

    I'm fairly familiar with the support that is offered at the university. Much of it is only offered to those who started from 2006 onwards (as this was when top up fees were introduced and the finance system). It doesn't have a particularly great set of grants and financial assistance schemes (terribly, and quite famously, middle class university so never a priority :p ) but, as you've said, given my age, disability and being a finalist there's possibly something and I've just missed it.

    I'll pop off an email to my Disability advisor as well as Assistant Senior Tutor. I'll go and see them in person if necessary once the holidays finish.

    Thanks again for your reply.
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    SJI85 wrote: »
    The claim would be based on being a low income and unable to work due to study commitments. Not being unfit to work as such.

    You can't get IS on this basis. You can get IS if:

    a lone parent
    on parental or paternity leave
    a carer
    a refugee learning English who arrived less than a year ago
    Otherwise then I will apply for ESA and provide my student finance detail

    :huh: You'd have to do this for IS too.
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  • tcr_3
    tcr_3 Posts: 580 Forumite
    SJI85 wrote: »
    Thank you for your reply.

    That's what I thought.

    In September, when I was told I was entitled to IS as a result of claiming DLA, I believe this was based on outdated information. I think it was on 2007 when most exemptions in the "full time student" category were removed, certainly those with disabilities, meaning only people like single parents are now entitled. But I'm still reading information which would contradict this.

    I'm not sure if I'm entitled to ESA, as I don't really consider myself too sick to work despite my disabilities. I just have the further complication of my course. It can be difficult fitting even a part-time job alongside a degree.

    I certainly can't get a full time job. Even if I were to get a part-time job (of eight hours a week) this may prove too much.

    It just feels as though I am in a trap at the moment.

    The claim would be based on being a low income and unable to work due to study commitments. Not being unfit to work as such.

    Otherwise then I will apply for ESA and provide my student finance details but I'm not hopeful that I'll be accepted :(

    You don't have a condition of entitlement to Income Support. So that leaves ESA if you're so unwell you can't work ... and JSA if you're fit for work.

    From what you say, you're well enough to claim JSA. But you won't be available for either full time or part time work because your course hours are too long ... so you can't claim JSA either.

    Which basically means you're in no different a position than most other Uni students, tbh, studying hard & skint ... it comes with the territory.
    I no longer contribute to the Benefits & Tax Credits forum.
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    Have you not applied for DSA? Had you done this, you would have probably received a book allowance.
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  • GlasweJen
    GlasweJen Posts: 7,451 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    From what's posted you're not entitled to income support or ESA. As you're getting full time money for a part time hours could you perhaps squeeze a few hours at a job in to make the money up?

    The application for ALF will be difficult if you gave away £1,000 only a couple months ago, also some unis restrict the amount that part time students can get from hardship anyway. They will probably tell you to think yourself lucky as most part timers get hee haw.
  • flight747
    flight747 Posts: 510 Forumite
    dmg24 wrote: »
    Have you not applied for DSA? Had you done this, you would have probably received a book allowance.

    Disability Severe Allowance are no longer in force!
  • Indie_Kid
    Indie_Kid Posts: 23,097 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    flight747 wrote: »
    Disability Severe Allowance are no longer in force!

    DSA is disabled students allowance.
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