Education Maintenance Allowance - exceptions

Pont

I'd like to ask all Moneysavers out there if anyone has been successful in claiming EMA when their ages have been outside the official 'cut off' date of the 31st August (England and Wales). I have posted on other boards but as yet nobody has managed to answer my question.
My dd (dob 05/09/1992) has just left school. She started primary school on her 4th birthday, high school a week before she was 11, and has now completed 13 GCSEs. Nobody - school, college, LEA etc., has suggested that she can't leave school despite being 5 days 'too young' as she has completed 11 years 10 months of compulsory education. However, I'm constantly told that she's 'too young' to claim EMA as she is of compulsory education age, and there is no financial support available from the LEA and the college funds.
Does anyone out there know of a case where a child in such a position has successfully challenged this? I'm sure there must be examples where children have recieved financial support in similar cases.
Any comments, help and advice will be gratefully received as at the moment I'm going around in circles!

bestpud

Who has told you she is too young? Have you contacted the EMA helpline?

She will be 16 by the time she startes though, won't she? I guess they are saying it is because she won't be 17 during the academic year though?

I can't see how they can refuse it tbh. But perhaps it will come down to applying at the start of the college year - once she is 16?

If it were me, I'd apply anyway, but give a full explantion on the bit that asks for 'any other info', or attach a seperate sheet with it on there. Give details of the schools she has attended so they can see she has followed the normal progression but a bit early because her birthday is on the borderline between academic years.

I honestly don't think it will be a problem. If it is a problem, they will tell you and you can then decide how to appeal, or whatever. If not a problem, then she should still get her money on time in September, even if it takes them a little longer to decide.

Pont

Thanks for the swift reply bestpud. The EMA helpline have told me that she will not be able to claim EMA for her first year of A level studies due to her being 5 days beyond the cut off date. They wished dd 'good luck with her college course' and that they 'will be glad to process her claim next year'! I will of course fill out the necessary forms this year and attach the details that you suggest but I don't hold out much hope at the moment.

robnye

how strange, i thought the cutoff was 31st august......

good luck with the forms

Titch89

It is 31st August, but it's 31st August 1992.

Pont

Any other help or advice out there?

The_One_Who

Unfortunately there has to be cut off points somewhere. I'm in Scotland so it's a bit different and half the year are too young to claim it for the start of the year, but can then apply after Christmas. Is there nothing like that south of the border?

Pont

The_One_Who wrote: »

Unfortunately there has to be cut off points somewhere. I'm in Scotland so it's a bit different and half the year are too young to claim it for the start of the year, but can then apply after Christmas. Is there nothing like that south of the border?

The cut off date in Scotland is the 30th September, so my daughter would be fine if we lived in Scotland - bah! You're quite right in saying for those who live in Scotland who miss this date, can apply for EMA in January for the remainder of the year. Because my daughter's birthdate is the 5th of September, and we live south of the border, she misses out on the whole year's entitlement.

This is driving us nuts as everyone is saying that she can go to college and start A level studies as she's completed compulsory education but she can't get EMA as she's 5 days too young. Over and over again I read that EMA is for those who have completed compulsory education (she has) and that you are entitled to EMA if your household income is less than X amount (it is). At the moment DD is stuck in an educational 'no man's land'.

I've petitioned everyone I can think of but get replies such as 'the rules are the same throughout the UK' (Ed Balls department!!), patently not. Also 'she can return to school and sit further GCSEs', she's already sat 13 and is expected to gain top grades! My MP is on the case but the only way forward I can see at present is a legal challenge which will take time and (lots of) money.

I think someone out there will know where a precedent has been set.

The_One_Who

So your daughter started school earlier than she should have done? I don't really understand the English-Welsh system, it's so confusing to me. If she started before she should have done then you might just have to accept that she's not going to get it. People managed to survive and go to college before they brought in EMA.

Is it really worth the time, effort and money of a legal challenge just so your daughter can get £30 a week?

Gemmzie

I can't really understand why this has been allowed to happen, a child born after 31st August should be in the year below. And I thought that during the first year of school, the child had to be 5 by the end of the academic year (31st August)?

Pont

My daughter didn't start high school before she was legally allowed to. Children who are considered academically advanced are permitted to attend high school at 10.5 years of age (England and Wales Education Act). In my DD's case her primary head teacher had been supplying her with advanced work suitable for years 7 and 8 whilst she was 9 and 10 years of age. It was his recommendation that she moved to high school early as she had been working with much older children throughout primary school and he considered her to be socially and academically 'more than ready'. This was backed up by the LEA who arranged the early transition to high school.

I'm making her sound like a 'geek'! She is in reality a 'normal' teenager who likes to go out to music festivals (one this weekend), partying, loads of friends etc! However, when it comes to learning she's like a sponge, since being at high school she has been in the top streams for all subjects and is anticipated to attain As and A*s in all 13 subjects. What I'm trying to say is that the early transition was totally the right decision.

The start date for school, was at the time (not sure what it is now), the term of the child's 4th birthday (DD's birthday was on the first day of term). It wasn't compulsory for children to attend full-time but in DD's case she loved it and did go full-time from day 1.

As for the legal challenge I do feel angry that my daughter will only be able to receive 1 years EMA while there are many (59,000 in England alone) who will receive 3 years! My MP believes there is a loophole in the present law and there is a good chance of a successful legal challenge. DD has fulfilled her compulsory education obligations and compulsory education cannot offer her anything next year. Also it is cited in the Education Act that a child can leave school if their birthday falls before the start of the next term (DD's birthday 5th September - 6th form start 8th September). What I'm saying is that there are a small number of kids (0.004%) who are stuck neither here or there.

The main reason I'm posting here is that I'm convinced this must have happened to somebody else out there. I feel that if I could give an example of a child in this situation receiving EMA then the problem would be sorted without having to resort to a long drawn out legal battle.