Thanks - I imagined it was something like this. We have always treated
international students as UK residents for fee purposes if they have
been here for three years or more - eg when transferring to a MSc after
a BSc - so it seems that HEFCE already take this stance.
Its good to know they can now get a DSA.
John.
-----Original Message-----
From: Discussion list for disabled students and their support staff.
[mailto:[log in to unmask]] On Behalf Of Pauline McInnes
Sent: 23 June 2005 10:04
To: [log in to unmask]
Subject: Re: The Bidar case
That's fine, you're the second person that has asked me that.
Basically, a French Student who had been living in the UK with his
grandmother for three years attending secondary school, applied to study
at a London University, this was fine. He applied for Student Support
and Ealing LEA turned him down stating that because he had been in the
country for three years, but these three years were for education he was
not entitled to the student support that a home student would get.
Basically, the court took his side and stated that under the I think it
was the EC Treaty he should be able to receive student support. This
will now have major implications for EU students who are seeking
funding, including DSA to study here. That is, it opens the way for
more EU Nationals to receive funding. They still have to have lived in
the UK for three years but before they wouldn't get funding if those
three years had been for education purposes. Post Bidar, it doesn't
matter if their three years in the UK has been for education purposes,
they will be eligible for funding.
Sorry, that's the layman terms, there's probably a much better legal
explanation, but I just tried to read one and as I'm not a lawyer I got
rather lost.
Hope this helps rather than hinders.
Regards
Pauline
TVU
-----Original Message-----
From: Discussion list for disabled students and their support staff.
[mailto:[log in to unmask]] On Behalf Of John Conway
Sent: 23 June 2005 09:58
To: [log in to unmask]
Subject: Re: The Bidar case
Please excuse my ignorance - what's the Bidar case?
John.
-----Original Message-----
From: Discussion list for disabled students and their support staff.
[mailto:[log in to unmask]] On Behalf Of Kath Henderson
Sent: 23 June 2005 09:41
To: [log in to unmask]
Subject: Re: The Bidar case
Those students who are eligible for living cost support as a result of
Bidar will also be eligible for DSA. This will only affect EU Nationals
and
the children of EU Nationals who have resided in the UK for three years
prior to the start of their course. Other EU students will still
normally
only qualify for fee support, unless they have EEA migrant worker
status.
LEAs can revisit cases for students who started in 2004/05, so if you
are
aware of students who met this criteria and were refused living cost
support you should get them to contact their LEA.
Kath Henderson
Team Leader - Student Support
Education Department
Overseas House
PO Box 191
Quay Street Tel: 0161 234 7076
Manchester Internal: 801 7076
M60 3ST Fax No: 0161 234 7004
Email: [log in to unmask]
Pauline McInnes
<Pauline.McInnes@ To:
[log in to unmask]
TVU.AC.UK> cc:
Sent by: Subject: The Bidar case
"Discussion list
for disabled
students and
their support
staff."
<DIS-FORUM@JISCMA
IL.AC.UK>
22/06/2005 17:24
Please respond to
"Discussion list
for disabled
students and
their support
staff."
Hi all,
Here's an interesting one for you, does anyone know if the recent Bidar
case re: eligibility to Student Support has affected the rights of
disabled students from the EU to claim DSA? That is, can they claim
now?
Regards
Pauline
Pauline McInnes
Disability Co-ordinator
Disability Team
Student Services
St Mary's Road
Ealing
London
W5 5RF
Tel: 0208 231 2058
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