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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

refusing student loan and deprivation of income

Ruth Knox
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Vauxhall Law Centre

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Total Posts: 545

Joined: 27 January 2014

We have on a number of occasions come across students who refuse loans for religious reasons and, although able to claim an income-related benefit - children, partner, disabled etc - are refused on the basis that they have deliberately deprived themselves of income.  In our most recent case, we have a couple with three children, the partner works for a few hours and could in principle apply for JSA for himself and his wife.  Will this be turned down?  I can’t find any case law on this.  Thanks Ruth

Jon (CANY)
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Welfare benefits - Craven CAB, North Yorkshire

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CH/4429/2006 was cited in this thread, I haven’t personally noticed any developments since then:

https://www.rightsnet.org.uk/forums/viewthread/5489/

Ruth Knox
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Vauxhall Law Centre

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Thank you Jon. I’ve just realised that it was my organisation which posted the earlier thread!  Ruth

Ros
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editor, rightsnet.org.uk

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In case you haven’t seen - new Upper Tribunal decision where Judge Poynter finds that CH/4429/2006 was wrongly decided and that notional income from a student loan should not be taken into account in a case where the claimant did not apply for a loan due to a sincerely held religious belief that he should not pay interest -

here’s rightsnet summary -
https://www.rightsnet.org.uk/welfare-rights/caselaw/item/notional-income-from-student-loan-was-not-to-be-taken-into-account-in-case-where-student-did-not-apply-for-loan-due-to-religious-beliefs

and decision itself -
https://www.gov.uk/administrative-appeals-tribunal-decisions/ib-v-gravesham-borough-council-and-secretary-of-state-for-work-and-pensions-2023-ukut-193-aac