I have a client who will be having a baby in September and has decided to take time out from her studies for 1 year. She has been informed that so long as she is considered or is enrolled as a student she cannot claim IS during this period. Does anybody know of a way around this or has had a similar change in circs.

She has been told wrongly (or mostly wrongly).

If she is taking time out from a full time course then generally speaking she will still be deemed as a full time student (an "intercalating student" - whatever that means!) BUT

A person who is a lone parent is in one of the few groups who can claim IS as a full time student (what normally stops such people getting IS is that their student loan and grant etc adds up to more than they would get under IS except for a couple of months during the summer holidays and therefore they are not entitled on income grounds alone).

As your client will not have an income from being a student during her year out I cannot see what would prevent a claim for IS, BUT ONLY ONCE THE BABY IS BORN (A person who is within 11 weeks of giving birth can usually also claim IS BUT such a person who is also a full time student cannot), unless she might also meet the condition for being a disabled student.

Have a look at the CPAG WB Handbook around page 599.


Good luck.

Martin.

Martin

Thanks for the advice, but my client has just solved the problem-by giving up the course! She is now claiming I/S and HB/CTB, but with a view to resuming her studies in a years time (seems a simple solution really)

I agree with Martin's advice re benefits (note the comment on page 622-3 re JSA and indirect discrimination).

However, giving up the course could affect her right to student financial support in the future. I would advise her to get advice about this aspect before making a final decision (OK i know she may have no choice in practice).

Social services may have a responsibility towards her if she has no income upto the birth of the child and access to IS etc.