From: Emma Delap, Skill Information Officer

Warning: This message is very long!

I have just read the recent correspondence about funding for disabled
students. Sorry to come back rather late on this, but I felt there seemed
to be some confusion about the types of benefits that were being discussed.
A lot of people made useful contributions, but I wanted to try to draw
various strands of information together. 

Disabled people (before and during studies) may be on various
income-replacement benefits, all of which have specific eligibility
criteria:

Jobseeker's Allowance (JSA)
A lot of disabled people will not claim this because they do not have to
sign on as available for work. This is presumably the benefit that most
people now would refer to as "the dole", although they may also use that
term for other things. 

To receive JSA you must be available for and actively seeking work which is
why you cannot do a full-time course on JSA. There are specific rules about
studying part-time when you receive JSA - the 16 hour rule (previously the
21 hour rule for Income Support). The 16 hour rule only applies to further
education courses. As already stated on dis-forum individual decisions will
be made regarding higher education (and other courses) as to whether a
course is full or part-time, based on all information available, including
that from the university. 

Income Support (IS)
IS has been replaced by JSA for people who are available for work. It
remains for people who do not have to sign on including certain full-time
students, eg some disabled students and single parents. There are specific
eligibility criteria for which disabled students can qualify for IS. More
details are given in the information listed below. 

IS is a means-tested benefit. This means that any other income the student
has will affect the amount of IS they get or may mean they do not get any.
The grant, with certain parts disregarded, is included as income. If a
student is eligible for a loan, that is included as income (with a 10 pound
weekly disregard) even if they do not take the loan out. If an IS claimant
is getting a grant, any IS is ignored as income when their income is
assessed for the grant. 

Severe Disablement Allowance
This is an income replacement benefit for people who are unable to work
through illness or disability. It is not based on national insurance
contributions. It is a non means-tested benefit. If an SDA claimant
receives a mandatory grant, the SDA is disregarded when their income is
assessed for the purposes of the grant.

There is no rule that says a student cannot continue to receive SDA while
they are studying. There are no limits on the number of hours they may
study in higher education. However, the claimant will be required to inform
the Benefits Agency when they start a course - this is considered a change
in circumstances. This may prompt a review of the claim. However, if the
claimant is still considered incapable of working, the claim should
continue. 

Incapacity Benefit
This replaced Sickness Benefit and dInvalidity Benefit in April 1995.
Again, it is an income replacement benefit for people who are unable to
work through illness or disability. However, IB is based on national
insurance contributions. As with SDA (above) it is not means-tested and
will be disregarded when an LEA calculates the student's income for their
mandatory grant. This latter point has been confirmed in the 1997
Education( Mandatory Awards) Regulations 1997.

There is no rule that says a student cannot continue to receive IB while
they are studying. There are no limits on the number of hours they may
study in higher education. However, the claimant will be required to inform
the Benefits Agency when they start a course - this is considered a change
in circumstances. This may prompt a review of the claim. However, if the
claimant is still considered incapable of working, the claim should
continue. 


Students may also receive Disability Living Allowance (care or mobility
component) (DLA). This is not an income replacement benefit; rather it is
paid to people who have specific needs because of disability. It is not
means-tested. As was mentioned in a previous message, any DLA a student
receives will be disregarded when their income is assessed for the
mandatory grant. As long as the student still fulfills the eligibility
criteria for either component, starting a course should not affect their
entitlement. 


This information has been taken from Skill's booklet 'Financial Assistance
for Students with Disabilities in Higher Education'. Copies are 3.50 from
Skill. We also produce detailed leaflets on Income Support (information
sheet 15), Housing Benefit and Council Tax Benefit ((information sheet 16)
and Incapacity benefits [ie Severe Disablement Allowance, Incapacity
Benefit and Income Support in some situations] and studying (information
sheet 19). These leaflets cost 2.00 each.

I know that various other publication have been mentioned in previous
messages. As well as our own publications, above, I would also recommend
other standard handbooks (some already mentioned):

Disability Rights Handbook. Published by  Disability Alliance, 0171-247
8763.
Child Poverty Action Group rights guides. 0171-253 3406.
Unemployment unit guides: Studying on the dole; JSA; Unemployment and
Training Rights Handbook. 0171-833 1222.


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