Access course & Housing Benefit problems

Cate1976

My council Housing Benefit department suspended mine & my husband's benefit claim last week for 2 reasons, the first has been sorted out but the second hasn't.

I told the council a couple of months ago that I was going back to college to do Acces Course which they said was ok. A week ago yesterday i got home from college and the letter saying benefit suspended was waiting for me, husband stressing. The letter asked for various documents, my husband took what we were able to get over the weekend into Housing Benefit on Monday. The 2 documents i wasn't able to provide were the student certificate which college said they can't give out until I've been on the course for 6 weeks and proof of my bursary. The latter I'm not entitled to as Access Course is level 3. The problem is that while I was on the phone on Tuesday, I said that the course I'm doing is Access to Higher Education. College did a letter for me clearly stating that the course is level 3 and not part of a higher education degree program, my husband took said letter to benefit office yesterday. The person he spoke to has said it has to go to a decision maker who'll decide whether to reassess the claim based on the information they have while waiting for the student certificate. This person did say to my husband that the problem could be that the words Higher Education in the course title mean it has to be treated as being Higher Education. The student certificate is for council tax, so I'm going to ring on monday to ask if they can reassess just the housing part of our claim and then do the council tax when college give me the certificate. The only finance I can get is the 24+ Advanced Learning Loan which goes straight to college (I think Housing benefit will try to treat this as income even though they shouldn't, they disregard Tuition Fee Loan for Higher Education courses or rather should according to 2.124 ). The council classing my course as being Higher Education is going to cause us lots of problems financially as we'll be hit with the notional income rules (2.231 on link below) even though I'm not getting grant/loan/bursary/scholarship or anything else. The only thing I might get is money from college via the learner Support Fund (2.360 on link) for travel costs, to get this disregarded, I'll be able to provide proof of my travel costs very easily. It does say in this document that money for travel costs should be disregarded (2.361 - 2.365 on link below). Learner Support Funds are also covered in 2.190 -2.194, I'm only applying for help with course related costs, mainly travel.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236969/hbgm-c2-student-claims.pdf

College have said they can't do a letter saying I'm not entitled to grant/loan/bursary/scholarship. I think this maybe due to possibility of getting money from Learner Support Fund.

Thanks in advance to anyone who can advise me on how to get council to accept that Access course is Level 3 & therefore doesn't entitle me to the finance that a degree would. My husband did tell them that my access course is equivalent to A Levels/NVQ 3/BTEC National Diploma but he doesn't think the person he spoke to accepted this due to the words Higher Education being in the course title. I'd also appreciate it of someone can confirm that the 24+ loan shouldn't be classed as income.

We cannot borrow money off my family to help us out as housing benefit have told my husband that any money they lend us will be classed as capital and taken off any benefit paid £ for £. The <6K of capital/savings is only allowed if it's money we've saved out of what we get. For us it's mostly saving the child benefit to pay for clothes, shoes, Christmas & Birthday presents for our 3 children. We also use it for days out with the kids.

missbiggles1

Cate1976 wrote: »

My council Housing Benefit depart emnt suspended mine & my husband's benefit claim last week for 2 reasons, the first has been sorted out but the second hasn't.

I told the council a couple of months ago that I was going back to college to do Acces Course which they said was ok. A week ago yesterday i got home from college and the letter saying benefit suspended was waiting for me, husband stressing. The letter asked for various documents, my husband took what we were able to get over the weekend into Housing Benefit on Monday. The 2 documents i wasn't able to provide were the student certificate which college said they can't give out until I've been on the course for 6 weeks and proof of my bursary. The latter I'm not entitled to as Access Course is level 3. The problem is that while I was on the phone on Tuesday, I said that the course I'm doing is Access to Higher Education. College did a letter for me clearly stating that the course is level 3 and not part of a higher education degree program, my husband took said letter to benefit office yesterday. The person he spoke to has said it has to go to a decision maker who'll decide whether to reassess the claim based on the information they have while waiting for the student certificate. This person did say to my husband that the problem could be that the words Higher Education in the course title mean it has to be treated as being Higher Education. The student certificate is for council tax, so I'm going to ring on monday to ask if they can reassess just the housing part of our claim and then do the council tax when college give me the certificate. The only finance I can get is the 24+ Advanced Learning Loan which goes straight to college (I think Housing benefit will try to treat this as income even though they shouldn't, they disregard Tuition Fee Loan for Higher Education courses or rather should according to ). The council classing my course as being Higher Education is going to cause us lots of problems financially as we'll be hit with the notional income rules (2.231 on link below) even though I'm not getting grant/loan/bursary/scholarship or anything else. The only thing I might get is money from college via the learner Support Fund (2.360 on link) for travel costs, to get this disregarded, I'll be able to provide proof of my travel costs very easily. It does say in this document that money for travel costs should be disregarded (2.361 - 2.365 on link below). Learner Support Funds are also covered in 2.190 -2.194, I'm only applying for help with course related costs, mainly travel.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236969/hbgm-c2-student-claims.pdf

College have said they can't do a letter saying I'm not entitled to grant/loan/bursary/scholarship. I think this maybe due to possibility of getting money from Learner Support Fund.

Thanks in advance to anyone who can advise me on how to get council to accept that Access course is Level 3 & therefore doesn't entitle me to the finance that a degree would. My husband did tell them that it's equivalent to A Levels/NVQ 3/BTEC National Diploma but he doesn't think the person he spoke to accepted this due to the words Higher Education being in the course title.

Could you ask the college's Welfare Adviser/Careers Adviser to telephone the council to explain the situation? Alternatively (or as well) go in and ask to speak to someone senior in the department rather than just a clerk on the desk.

Personally, I think that you should go in yourself rather than ask your husband to do so as you're obviously quite well informed about this and may explain things better than he's doing.

Cate1976

Thanks for reply. I'm not in college till wednesday but if it's not sorted, I might see if student support can ring the council to ask if they class Access course as being Higher Education due to title even though it's a level 3.

I'm phoning them on Monday to ask the very specific question. I did write it on a piece of paper that the course is equivalent to A levels so he knew what to say. My husbnad is adament that housing have said Higher Eduvation in title means it is classed as higher ed.

If I don't get satisfactory answer on Monday, then CAB will be my next step.

missbiggles1

Cate1976 wrote: »

Thanks for reply. I'm not in college till wednesday but if it's not sorted, I might see if student support can ring the council to ask if they class Access course as being Higher Education due to title even though it's a level 3.

I'm phoning them on Monday to ask the very specific question. I did write it on a piece of paper that the course is equivalent to A levels so he knew what to say. My husbnad is adament that housing have said Higher Eduvation in title means it is classed as higher ed.

If I don't get satisfactory answer on Monday, then CAB will be my next step.

They don't need to ask - they need to tell them that it isn't!

If your area is anything like where I used to work you won't be the first Access student claiming HB as so many of them are lone parents. I think you've been unlucky and spoken to a couple of jobsworths - talk to the organ grinder instead!

Cate1976

Thanks for the reply. The letter college did for me clearly states the course is level 3 and not part of a higher education degree program. Hopefully that'll be good enough for the council.