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Ukrainian student refused UC

clive
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Newcastle Council Welfare Rights

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We’ve been approached by a 20 year old woman who is currently mid-way through her degree at a Ukrainian University. Since arriving in the UK under the Homes for Ukraine scheme she has continued her studies remotely. She has been refused UC on the basis that she is a full time student. She has no source of income. This will not be an isolated case.

The gov advice to those fleeing Ukraine crisis links you to the normal rules for students
(https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1086088/Ukraine_Welcome_Guide.pdf ) it says “If you are in education, you should check the guidance about claiming Universal Credit as a student here: Universal Credit and students - GOV.UK (http://www.gov.uk)” That link takes you to the normal rules.

Are there any arguments / cases that show the normal rules don’t apply (I’ve had a quick look but could not see any)? Or is this another example of having to ask a relevant minister?

Elliot Kent
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Shelter

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There are no changes to the rules for students. A Ukrainian national with the relevant leave is entitled to claim UC to the same extent as a UK national, however a UK national in these circumstances would not be entitled to UC either and would be expected to rely on student finance.

I don’t purport to know anything much about student finance, but the material here (https://www.gov.uk/student-finance/who-qualifies) suggests that there have been similar relaxations to the student finance rules to allow Ukrainian nationals to qualify for full support with fees and maintenance. I suppose that there might be an issue in regards the fact that she still seems to be studying at a University outside of the UK, although as you say this is unlikely to be a unique situation.

clive
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Newcastle Council Welfare Rights

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Thanks Elliot. Will have a look at that student finance option - really useful, thank you. Yes, fingers crossed.

Jess Strode
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Judicial Review Project | Child Poverty Action Group

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CPAG’s Early Warning System has received a number of reports on this issue - Ukrainian refugees in England who are students continuing in full-time Ukrainian university courses online, being ineligible for student finance or UC. CPAG have raised this with DWP and DWP have offered to meet with CPAG to discuss it in ‘mid-July’.

Prior to this meeting, CPAG would like to get an idea of the scale of the problem.

We would be grateful if advisers who have encountered Ukrainian students in this situation could let us know. Including, what have they done to resolve the issue and what has been the impact on them? Please also include:

• The student’s age
• The student’s family details
• What they are currently living on
• The impact on their studies (if known) 
• The location of your advice agency

Please send any responses to .(JavaScript must be enabled to view this email address) no later than 13/07/22. Thank you.

Jess Strode
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Judicial Review Project | Child Poverty Action Group

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Quick update from CPAG:

Thank you very much to everyone who sent case studies. CPAG met with DWP who we understand are working with the Departments for Education, and Levelling Up, Housing and Communities, to develop a policy solution. DWP officials were very grateful for the evidence that welfare rights advisors shared on the cases they have seen. We will update this thread as soon as we get further information on the government’s response.

SG LB C
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Income Maximisation Team LB Camden

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Jess Strode - 08 August 2022 05:17 PM

Quick update from CPAG:

Thank you very much to everyone who sent case studies. CPAG met with DWP who we understand are working with the Departments for Education, and Levelling Up, Housing and Communities, to develop a policy solution. DWP officials were very grateful for the evidence that welfare rights advisors shared on the cases they have seen. We will update this thread as soon as we get further information on the government’s response.

Hello. I was wondering if the DWP had indicated any response as yet, and/or if anyone has further or new information about accessing benefits/funding for these students?

 

Jess Strode
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Judicial Review Project | Child Poverty Action Group

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Apologies for the delay, there is not a great deal to update. DWP responded that no DWP solution could be identified, this was then echoed by DoE which stated no solution could be found via student finance. However, some optimism remains that a solution will be found, possibly through the Department for Levelling Up, Housing and Communities. In the meantime, CPAG are aware of individual JC+ in some cases applying ‘work-arounds’ such as treating courses as part-time. CPAG’s EWS would be interested to hear of any work-arounds being offered (https://cpag.org.uk/policy-campaigns/early-warning-system).