Hi out there

This concerns an 18 year old student wishing to apply for student support. He is disabled and has been getting Incapacity Benefit for the past 2 years and DLA for the past 12 years.

It will make a significant difference to the level of student support if he is classed as independent because any means tested elements will be based on his, ie lower, income instead of his parent's.

The Ed (SS) Regs 2008, sch 4, para 2 (1) defines an independent student as one where he has supported himself out of his earnings for any period of three years prior to the course starting. Furthermore, supported himself for this purpose includes any period during which he recieved any allowance or other benefit paid by reason of a disability.

The LA has refused to treat the student as independent stating that this is not their policy. I have been given an unconvincing explanation that the above provision does not apply where the student has previously been in education.

This is not my day to day field so I am treading carefully. I await chapter and verse from the LA but in the meantime would be interested to know if any advisers have had similar experiences and, if so, what was the outcome.

Hi
We are having no end of problems with LCC over independent students and in particular estrangement - it appears LCC have their very own special version of what the above means!!!!!!!
When LCC student services came out to train us on this year's HE financial package we were advised that if a student was known to us or another professional agency - a letter confirming their estrangement or confirming their financial independence (backed with evidence such as benefit in payment or own earnings) would suffice. However every single one we have sent in has been queried. In one case the student had left the family property due to severe relationship breakdown - we were instrumental in arranging alternative accommodation and the student was part time working. LCC advised us we could not just take the students word that they could not return home - in fact they practically suggested if there was any way they could return home they should.
In another case the student was on income support - awarded on the grounds of estrangement!!!!!!!!!! I suggested payment of the benefit was in itself proof of estrangement as they had satisfied benefit conditions. Their response was that they did not follow the estrangement definitions as laid out in the benefit regs - when I asked what regs/definition they were following they declined to answer! I think this is a relatively new area for them and it appears to subject to wide interpretation by their team. To my mind if someone is claiming benefits independently of their family then they are financially independent and as such should be treated so for student support regs (as you have stated). I have passed this query onto my line manager to try and get a consistent response but would be very interested in the outcome of your case. If we get any new (ahem accurate) information I will pass it on. It appears there is much confusion over how to define independent students and estrangement within LCC.
regards caroline