I have received a query regarding a young person aged 20 who hopes to go to college (18-21 hours pw) from Sept. She is currently in independent accommodation after leaving LA care at 17 and receives JSA/HB.

My understanding is that the course will count as Full Time and therefore deny her IS and JSA but her aftercare worker is advising me that she thinks she should be able to claim IS for a course up to 21 hours pw as a Care Leaver?

All advice/info appreciated.

Unfortunately I think the aftercare worker is wrong (which means you're right - hooray).

Sometimes young care leavers can qualify for Income Support on the grounds that they
•Are in full time education (more than 12 hours a week)
•Are in non-advanced education (below degree standard)
•Are aged under 21
•Have left Local Authority care and of necessity have to live away from his/her parents or anyone else acting in their place (former foster carers do not count)

(Income Support (General) Regulations 1987 regs 4ZA (schedule 1B (15)) and 13 (2) (dd))

BUT....
The young person should have started or been enrolled on the course before the age of 19.

Have a look at the article that Gary Vaux wrote for Community Care magazine:
http://www.communitycare.co.uk/Articles/2009/04/16/111260/welfare-rights-mortgage-assistance-and-help-for-care-leavers.html

It looks like the aftercare team will have to consider their responsibility to fund the education until the end of the education or the age of 24, whichever is earlier.

As the young person is under 25 and in full time education I know in Scotland the worker would have the power under Section 30 of the Children Leaving Care act to make section payments (financial contributions) to keep them in education. Some LA's would cover the rent for them whislt the young person will get a busrary of around £82 as they are in full time education. You would need to double check if this is the case in England

As a care leaver the local authority has a duty under the Children Act 1989 s.23 and s.24 to continue to assist until 21 and 24 if still in education. Should also have a pathway plan.

Hi I work with Care Leavers and if we cant get them IS based on education and estranged from family / which is rare/ LCT are giving them subsistence of the IS rate + education and travel allowance.

Regards,
Antonina

I also work with care leavers, we give ours the equivalent of IS and if they cannot access EMA or an adult learning grant from the college we also give them £30 a week as an equivalent, unlike EMA etc we would generally pay this £52 weeks a year.We can also look at travel and other costs such a exam and equipment if funds for these are not forthcoming from College.