Dear All

This is my first EMA issue and I cannot find the relevant regs/ legislation. The otherwise excellent CPAG handbook is curiously silent on the issue.

All help gratefully appreciated

Many thanks
Richard Stacey

What is the issue?

Client estranged from parents. Client has part time job and full time course. No entitlement to Income Support. EMA decision is that she is not entitled to EMA as she is not supported by parents and not in reciept of IS, nor under LA care.

My argument is that she fled an abusive father for her own safety and is therefore the head of her own household; her earnings (of approx £5k pa) are the sole earnings that should be taken into consideration.

I would like to read the regulations/ legislaiton to determine how i can sandwich this vulnerable client's circumstance into the applaing double think demonstrated by the decision maker.

It's in a document called:

ADMINISTRATIVE SCHEME UNDER SECTION 14 OF THE EDUCATION ACT
2002 GOVERNING THE PAYMENT OF EDUCATION MAINTENANCE
ALLOWANCES

You can find it on the Learning and Skills Council website http://ema.lsc.gov.uk

There is a provision for payments to be made in exceptional circumstances, which you might have to rely on in this case.

Thank you very much I have found the document and shall hack my way through it.

Most kind
Rich

I've fought this battle and lost a couple of times. The fundamental problem seems to be that EMA is paid under S14 of the Education Act 2002 whichis very broad enabling legislation allowing the SoS to give financial assistance to enable young people to undertake education after they have reached compulsory school leaving age. Under s17 of the Act the SoS has delegated these powers in various contexts to the LSC. Unlike benefits, I don't think there are any detailed regulations, the LSC simply makes up its own rules. Thus they have declared that receipt of IS on the basis of estrangement and in education/training is the only proof of estrangement they will accept. Blatantly unreasonable when a small amount of part time earnings takes the youngster out of IS entitlement. What ever happened to encouraging people to pay their ay in the world?

depressing reading but I am grateful to you for the info.