Entitlement to income support for ‘qualifying YP’ during summer holidays/April 2012 regs

Hi,

This topic was first posted in July 2013, but there weren’t any replies. I come across this issue at the college where I work and would be very interested if anyone can confirm whether Lisa is correct in what she asserts below.

“The new ‘Second chance learning rules’ for IS which were changed in April 2012, allow for certain young people (estranged) to claim IS whilst continuing in further education up until their 22nd birthday.

However, the terminal date rules, on if / when a claimant has to switch to JSA during the summer holidays, still uses the age of 20 years old as the cut off age. Extract from DMG below:

A person continues to be treated as a qualifying young person and entitled to CHB where they have left relevant education or approved training up to and including
1.
the week including the terminal date or
2.
if they attain the age of 20 on or before that date, the week including the last
Monday before they were 201. Note: In this context week is a CHB week; i.e. Monday to Sunday.

1 CHB (Gen) Regs, reg 7(2), Case 1.1

20764 For the purposes of DMG 20763 above the terminal dates are
1.
the last day in February
2.
the last day in May
3.
the last day in August
4.
the last day in November

whichever occurs first after they have ceased relevant education or approved training1.

1 CHB (Gen) Regs, reg 7(2), Case 1.2

Is this an oversight that the rules have not been changed to match the new ‘second chance learning rules’?

I work with care leavers and there are a number of young people who are aged 20 or 21 who have finished a course now (July) and beginning a new course in September. It looks like they will have to switch from IS to JSA for the summer holidays, then back to IS, whereas 18 and 19 year olds can just stay on IS.

Do I have this right?

Many thanks

lisa”

Thanks

Chris at WKC

Hi Chris,

I think you may be looking at the wrong regulations. Those you quote refer to a “qualifying young person” which relates to those young people primarilystill living at home with their parents and are therefore to do with Child Benefit.

The regulations that apply to your scenario can be found here:

http://www.legislation.gov.uk/uksi/2012/757/regulation/11/made

Hope this helps

Cheers

Alaster

This shouldn’t be a problem as the IS rule allowing for 20/21 year olds in education to qualify for IS applies to people enrolled on a course as well as actually undertaking the course - see paragraph 15A Schedule 1B of the IS (General) regs.

Terminal dates do only apply to people under 20 but as I say it shouldn’t matter as long as the person has enrolled for another course.

Tony

Thanks Alaster and Tony for taking the time to reply.

Alaster:

Thanks for the link to the April 2012 amendments. I am aware of these regulations but as I referred to a ‘qualifying young person’ I should have referred to - 13 (2) (a) to (e) of the IS Regs 1987.

Tony:

Thanks for pointing out that the IS rule allowing for 20/21 year olds in full time education to qualify for IS applies to students’ enrolled on a course as well as actually underataking the course.

However, what If a 20/21 year old has applied successfully for IS (para 15A, schedule 1B) having submitted a college learning agreement that only shows the start and end date of the current academic year? For instance, you may have a level 3 learner, enrolled on a two year course that began in September 2013, who is only able to provide the Job Centre with a learning agreement showing an end date of the first year, say the 14th June 2014, even though the two year course is due to end in June 2015.

Won’t the DWP then question whether this student is still enrolled during the ‘summer vacation?’ I understand that on BTEC level 3 courses students’ are often re-enrolled onto the second year of the course before the completion of the first year, but they may not have a new college learning agreement (showing the GLH for the second year) until September and the start of the second and final year. And ‘AS’ students’ may not be re-enrolled for A2 study until their results come out in mid August.

I’m aware of students’ who match my examples above, in which case maybe this is an issue for the college to resolve by providing the student with either a learning agreement that shows the start and end date of a course of two years’ duration, or additional evidence that they’re enrolled for two years.

Chris

I also advise care leavers but usually at second hand in that I resource Barnardos locally who caring out the work for Derbyshire County Council.  I have discussed the issue with them generally but they have not so far come back to me with any difficulties during the summer period - it doesn’t mean it’s not happening, of course.  Therefore, I don’t know what evidence DWP requiures in practice.

I think you’re right that it will be the something the college may need to sort out if there is a problem.  You could try to discuss it with DWP but that’s easier said than done, as I’m sure you know.

Tony

I have been asked by a YMCA for how to argue that a student aged 20 who was getting IS - as on a level 2 diploma -should be considered to still be enrolled on the course during the summer hols and when he starts the level 3 in September.
Currently the decision maker is saying his level 2 has ended, so he has to claim JSA in the summer and then “try” for IS when level 2 starts in September.
But willl there be an issue in September if the DWP don’t see the course as continuous or is it OK as this part of the regs (IS sch 1B reg 15A- what in the dmg they call “second chance learning”) doesn’t refer to having been enrolled before age 19 just having been enrolled on “a” course?
ie am I worrying unnecessarily? And is there any point in arguing it’s a continuous course? (same college, same subject. just different level)

Update- might be useful for anyone in similar position-
Decision Maker decided that as the student had enrolled onto level 3 as soon as level 2 ended, his course can be treated as continuous so he can stay on Income Support during the hols instead of going onto JSA and having to cros fingers for IS when the course restarted in September.