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UC and sick student

Ericonabike
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CAB Leicester

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Joined: 1 July 2015

Client is in advanced Ed but sick from 3/19. Agreed suspension until 1/20. UC regs indicate no title until she has recovered from illness, not whilst she is poorly. Is there any wiggle room here?

Peter Turville
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Welfare rights worker - Oxford Community Work Agency

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Ericonabike - 20 August 2019 10:58 AM

Client is in advanced Ed but sick from 3/19. Agreed suspension until 1/20. UC regs indicate no title until she has recovered from illness, not whilst she is poorly. Is there any wiggle room here?

Possibly! It may particularly depend on the type of course the student was attending. If it was a ‘traditional’ full time course the student will have to show they have finally abandoned or been dismissed from the course UC Reg 13(1)(a).

However if they are attending a ‘modular course’ UC Reg 13(1)(b) there is more scope for arguing they are not currently undertaking a part of the course - see the recent decision https://www.rightsnet.org.uk/welfare-rights/caselaw/item/whether-a-person-enrolled-on-a-modular-course-is-receiving-education-during Contrast with the Court of Appeal decision in O’Conner (reported as R(IS)7/99). O’Conner had taken one year out due to illness from a ‘traditional’ full time course to which he intended to return at the start of the next academic year as agreed with his Uni.

For a non-modular course in practice it may come down to how the academic institution define / word the students absence from the course. If the absence is ‘temporary’ and they have an agreed date / clear intention to return etc it may be difficult to argue abandonment (once and for ever). Academic institutions often use terminology that has a different meaning to how it is used in benefit regs.

But if the institution states the student is no longer registered as a student, all privileges of being a student are withdrawn etc. and if the student wishes to return at a future date they will have to re-apply for a place (even if in practice it might be ‘guaranteed’) it could be argued that they have in practice abandoned the course. The semantics of the wording by the institution could be all important. Expect a fight with UC!

When these rules were introduced the DWP argued that students taking time out should be supported by student funding not benefits. From memory there was discretion in the student loan rules at he time for a student to still receive a loan while taking time out - although virtually impossible to get in practice.

Ericonabike
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CAB Leicester

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Thanks very much for that - greatly appreciated! Have now seen client, who is studying medicine, and in no sense would argue that she is abandoning it. Suggested she could still apply on the basis that she did not consider herself a student, and see what the DWP decided. Unlikely to do so. Incidentally CAB advice to advisers is incorrect - states eligibility granted if EITHER clause applies - sick, recovering, no grant. Section 13 clear that clauses cumulative, and all have to be satisfied.
Luckily she has supportive, and I suspect well-off, parents or she would presumably be forced to abandon the course and we’d lose a potential doctor…