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Forum Home  →  Discussion  →  Universal credit administration  →  Thread

Parents Learning Allowance and calculation of student income

Ruth Knox
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Vauxhall Law Centre

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Joined: 27 January 2014

I have just had the papers come in for an appeal on the calculation of student income for UC purposes. As was mentioned in an earlier thread, of course they have never provided any breakdown of their calculations until now (just before the appeal will be heard).  It turns out that they have taken the Parents Learning Allowance into account on the basis that it is support for dependents. They are relying on Regulation 68 (3) (b) of the UC regulations.  CPAG Student Support and Benefits states quite clearly that it is for study costs disregarded, but I am struggling to find the legislative definition of the allowance.  The Education (Student Support) regs 2009, regs 46 and 47 are ambiguous, and could be read as saying that the PLA is for support for children rather than for study costs which are disregarded.  The Gov.uk and the Student Finance sites and the UCAS sites all say quite clearly that they are for study costs, but none of these is actual legislation.  Any pointers?  Thanks Ruth

Elliot Kent
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ADM H6137 includes a worked example of calculating student income and gives a clue to the actual DWP policy intention as follows:

Molly is on a F/T PGCE course. She claims UC for herself and her 6 year old twins Lewis and Lorna, who both have special educational needs. In respect of her course, Molly receives the following awards:
Tuition fee loan £9000
Bursary £15000
Parents’ Learning Allowance £1508
Childcare Grant £255 per week

In order to determine the amount of Molly’s grant income that is to be taken into account, the DM applies any disregards listed. The award of £9000 tuition fee is disregarded at sub-paragraph 1. The childcare grant is disregarded at subparagraph 8. Parents’ Learning Allowance is to help with the cost of books, materials and travel expenses and is therefore disregarded under sub-paragraphs 6. and 7. Molly’s children are included in her award of UC, consequently the disregard at sub-paragraph 5. does not apply to any dependants’ allowance paid within the bursary. The DM therefore determines that £15000 is the amount to be taken into account when calculating Molly’s amount of student income as in accordance with H6140 et seq.

 

Ruth Knox
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Vauxhall Law Centre

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Thanks Elliot that is really helpful. I will send it on as an addition to the submission. . Interesting though that the should make such a basic error given the limited categories of students who can claim UC. Ruth