right to reside and a student - self sufficiency

hi

i’ve been asked the following and don’t know the answer -

would receipt of a student loan count towards self sufficiency for right to reside purposes or could it be seen as social assistance?

anyone got a view?

cheers ros

Article 7(1)(C) of EC Directive 2004 38 states:

“All Union citizens shall have the right of residence on the territory of another Member State for a period of longer than three months if they:

– are enrolled at a private or public establishment, accredited or financed by the host
Member State on the basis of its legislation or administrative practice, for the principal
purpose of following a course of study, including vocational training; and

– have comprehensive sickness insurance cover in the host Member State and assure the
relevant national authority, by means of a declaration or by such equivalent means as
they may choose, that they have sufficient resources for themselves and their family
members not to become a burden on the social assistance system of the host Member
State during their period of residence;...”

Article 8(4) of the Directive states:

“Member States may not lay down a fixed amount which they regard as “sufficient resources”, but they must take into account the personal situation of the person concerned. In all cases this amount shall not be higher than the threshold below which nationals of the host Member State become eligible for social assistance, or, where this criterion is not applicable, higher than the minimum social security pension paid by the host Member State”.

To my mind, a bare reading of this indicates that social assistance clearly refers to a host Member State’s system of benefit payments where those payments are subject to a Member State’s means test or are part of a contribution based system.  Thus one can distinguish between those payments which are to be classed as social assistance and payments from elsewhere which could be classed as educational assistance.  If one takes a wider view, student loans include an element for everyday financial support which could be called social assistance then one runs into difficulty.  I would put the former argument forward, albeit with more force, and let the tribunal decide the matter.

Furthermore, if student loans were social assistance then this would indirectly discriminate against non UK nationals.

thanks very much paul.