I've been asked for advice about a disabled student who's about to start a 3-year university course away from home. He's 27, too old for IB(Y), and so gets SDA topped up by IS when living at home with his parents - IS level is £79.35, of which £60.35 is SDA. At Uni, he won't get IS because SDA + grant/loan income will exceed, despite the SDP applying. He will, however, claim HB for his student accommodation.

My query is how his grant and loan should be apportioned. He'll get £4,095 loan (of which £618 will be for books and travel) and £1,000 higher education grant (he'll also get a disabled student grant which is ignored for benefits purposes). CPAG page 636 says that a grant may be apportioned more or less over the whole academic year, except in the final year; whilst page 641 says that a loan is apportioned from the beginning of the academic year till the end of June, though the final year may be different.

If CPAG is right, it means the guy probably won't get any IS during the 2005 summer vacation, because although there's no loan to be brought to account, £1,000 grant over the whole year is £19.23 - add this to £60.35 SDA and you get £79.58, just above his home IS level. I know I'm quoting 2004-5 benefit rates, but next year's SDA/IS figures will probably produce a similar result.

But, both my HB colleagues and the local Jobcentre Plus tell me that student loans and grants are treated the same - ie as lasting from the beginning of the academic year up to the end of June in non-final year cases.. So that would give my man £19 pw IS for his summer hols, though he'd get less HB at Uni because the grant would be calculated at a higher weekly figure. It may be something to do with whether the grant is paid at a rate appropriate for study throughout the year.

Any thoughts?

Jim

The HE grant is new for this academic year. There's no regulation or guidance as to how it should be treated for benefit purposes. The LAs that I am aware of are ignoring it as income for HB(at least until told otherwise).

Debra

I can see why the HE grant is not mentioned in Regs (yet!). But doesn't that mean, for IS/HB purposes, that it's income to be taken fully into account? You can only disregard it if it's specified in the Schedules to the IS/HB regs. I've asked my LA Student Support team about the grant and it's payable in termly instalments, like the loan, to students from low-income families. So, I don't think it's capital.

Jim

I tell a lie! Circular HB/CTB A20/2002 now confirms that HE grant is ignored as income. I haven,t seen anything yet about other means tested benefits.

Of course that's the wrong circular, sorry. A26/2004.

HB/CTB circular A26/2004 is available here.

Why didn't I think of checking the DWP site for HB Circs !! Many thanks. I imagine the same rule will apply to IS, but I don't think the DWP put IS Circulars there any more. Anyone know how to access them?

Jim

OK, OK already ! I'm particularly thick today. I've just spotted that the Decision Maker's Guide section of the DWP site has a section headed 'Letters & Memos'. I'm sure I knew this once.

But, I looked in it and although DMG JSA/IS 75 (dated July 04) is all about students and amending regs, there's no mention of the Higher Education Grant. Is there provision to disregard in HB/CTB only?

Jim

There doesn't seem to be anything specific to the HE grant but SI 2004/161 states that the grant is'...for the purpose of defraying the cost of books, equiptment, travel or child care...' so treatment for IS should be covered by existing regs/guidance ?

Debra

Debra - thanks for your continued interest. I know I'm so boring that if I start telling my wife something, she turns up the volume on the telly. But, to put this one to bed, I e-mailed a guy at Jobcentre Plus HQ yesterday. He replied this am to say IS/JSA also disregards the HE grant, citing IS/JSA Bulletin 18/04 and copying it to me. It more or less parrots the HB/CTB circular, or vice versa.

The guy also said that IS/JSA Bulletins, as distinct from DM Letters and Memos, don't appear to be available on the web, so he's looking into this.

Jim

IS/JSA Memos are available on the net via the online Decision Makers Guide -

http://www.dwp.gov.uk/publications/dwp/dmg/index.asp

You just need to click on the Letters Memos button at the top of the home page and scan down the drop down menu.

Having said that, I'm not sure if the memo you need is JSA/IS 75 which relates to the Social Security (Students and Income-related Benefits) Amendment Regulations 2004 (SI.No.1708/2004).

Er ... no it's not, Ken. See earlier in the thread, about IS/JSA Bulletins and their non-availability on the DWP site. I've now got Bulletin 18/04, which mentions the HE Grant and disregard. Would you like me to e-mail it to you for publication? Please give your personal Lasa address if so.

Jim

Aplogises for any confusion caused by my previous posting.

However, thanks very much to Jim, here's IS/JSA Bulletin 18/04 (although it seems to be in draft form).