I'm trying to help one of my clients get EMA.

He's aged 17 and no longer living at home. He's been supporting himself by working and 'sofa-hopping'.

He's going back to college but intends to keep on working, but less hours. He was hoping to support himself with his EMA and wages.

However the EMA helpline say that he can only be classed as an independant student if he's getting Income Support or JSA(hardship).
So they suggest he gives up his job....

Or they suggest that he gets the income details of the person that he's spent the most time with. Can't see many parents giving their income details to a friend of their child who's only staying for a few days can you.....

I've asked for the details of the regulations so I can check the definition of an independant student and responsible adult. However the supervisor on the helpline seemed surprised that there were any regulations.

I can find the Scottish and Welsh regulations, but not the English. Can anyone let me have the details.

Also has anyone had any experience of challenging an EMA decision?

Thanks

My view is that an independent student does not have to be on IS. There are no regs in England only guidance but that guidance mirrors the Welsh and Scottish regs, so check them. Have a look at the discussion at the link below for why I hold that view.

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=107&topic_id=1670&mode=full

How can there be no regs for England?

I know that the pilot regs were revoked, surely they should have been replaced.

In the pilot regs an independant student is defined as a student who is in the opinion of the LEA estranged from his parents.

On the income side, that reg specifically states that it is only parent's income that is taken into account, not anyone with parental responsibility. Therefore the income of someone that the student has stayed with for a week or two would be irrelevant.

The Welsh regs state that the income of a parent, carer or guardian is taken into account, and the Scottish regs state parent,step-parent, holder or spouse.

The only definition of independant student that I can find is in the Scottish regs but seems to only apply to the residence conditions. It defines an independant student as someone who is either married or who has no living parent.

There seems to be no appeal process so what routes are there for challenging decisions? If the LSC is the administering body is it a complaint to them, and then a complaint to the Parliamentary Ombudsman?

Thanks

My argument is that the words “a learner who is estranged must provide proof of receipt of Income Support” should be read as though the phrase “in order to establish proof of estrangement” was placed after the word “support”. This is because this comes under section 47 of the guidance and the heading of that section is “ Learners who are estranged”.

It would make a mockery of the government's intentions otherwise, which are to provide finance for those students who are not in a position to rely on their parents at all, as opposed to those students whose parents are in a position to do so but struggle to do so. It would also discriminate among estranged students; those on IS and those who do not qualify (for one reason or another, other than care leavers)

Where there are no statutory provisions then government guidance generally has the force of law and there is a right of appeal under section 172 of the EMA Further Education Providers Guidance.

An estranged student's income is not taken into account. Neither is that of the parent or carer (if any).