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Forum Home  →  Discussion  →  Housing costs  →  Thread

‘Double counting’ of Student loan and grant

Pete C
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Pete at CAB

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Total Posts: 556

Joined: 18 June 2010

My client’s wife recieved the usual amount in student grants and loans and this influx of capital had increased their savings over the £6000.00 lower limit,generated a tariff income and reducing the amount of HB they recieved. At the same time the HB dept have averaged out the grant/loan income over the appropriate period and used the resulting figure as income which also affects the amount of HB awarded.

According to the ‘Shelter’ handbook student grant/ loan income is only to be treated as an income but does not specifically mention capital from Student loans and I assume that this sort of capital must be treated in the same way as general savings.

I can see the point that capital would generally be held to be any money or asset available to the claimant and the money in the bank from the grant or loan is certainly available to the claimant but it seems unfair that lump sums paid in these circumstances should be counted as capital generating tariff income at the same time as being treated as weekly income.

I cannot see anything that addresses this point in the Shelter book - has anyone any thoughts ?

Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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I’m pretty sure there is authority to the effect that monies cannot be both capital AND income at the same time.  If I’m up to it later, I’ll try and locate the authority(ies) in question.

My inclination is that the monies count as income for the period they are attributable to and capital only comes into play if there is any residual amount left at the end of the “income” period.

Kevin D
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Independent HB/CTB administrator, consultant & trainer (Essex)

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Total Posts: 474

Joined: 16 June 2010

Authorities found (didn’t need much digging):

R(IS) 3/93 (followed in CH/1124/2007)
CH/0085/2010

The latter decision looks at a number of earlier authorities, including R(IS) 3/93.  The issue was PILON and it was found that the monies only became capital once the “income period” has expired.

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