UC and QYP in home education

Hi Folks

Where a 16-19 year old is home educated, that provision must be approved by the Sec of State for benefit to be paid to the parents. 

Does anyone have any idea what factors Universal Credit take into account in deciding whether to approve education provided elsewhere than at school or college i.e. home education.

Both Reg 3(3) of the CB Regs and Regulation 5(5) CTC regs specify that home education can be approved where:

- that type of education had either started before the young person turned 16 ;or
- if started after 16, there is a statement of special education needs (e.g. an EHC Plan in England) assessing home education as suitable for the young person’s needs

However, I can’t see any equivalent provisions in the UC regs. Reg 5(b)(ii) makes it clear that education provided elsewhere can be approved by the Sec of State but doesn’t specify when this should or shouldn’t happen. Chapter F1 of the ADM is silent on this point too. Does anyone know what factors UC are taking into account in practice?

Thanks

There is a bit more detail in the section headed “Child or qualifying young person in home education” here:

https://data.parliament.uk/DepositedPapers/Files/DEP2024-0673/amount_for_children_V36.0.pdf

Thanks a lot Charles, that’s really helpful.

Bit surprised at what this is saying though. It suggests that home education will only be approved for UC purposes if it had started before the age of 16.

That used to be the position in CB and CTC too, but in JH v HMRC (CHB) [2015] UKUT 479 (AAC) this was found to unlawfully discriminate against disabled young people whose need for home education started after the age of 16. The CB and CTC regs were subsequently amended to allow for cases where home education started after the age of 16 but was necessitated because of the young person’s special education needs.

Surprised that’s not been replicated in UC and seems wide open to a challenge if they are limiting approvals to placements commencing before 16.