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Dear Anne-Denise, I would have to take issue with what the DSS are telling you. I have just assisted a student on a full-time course to get Income Support as a 'disabled student' on the grounds of incapacity for work of more than 28 weeks. Our local DSS screwed the claim up thro' basic misunderstanding of legislation & its taken 8 weeks plus a complaint to get it sorted. Funnily enough they also tried to get into a discussion about how many hours of attendance the course involved - this is a red-herring and is not founded on any actual legislation. I would argue that one way a student is entitled to Incapacity benefit or income support as a 'disabled student' is thro' being incapable of work. Attending a course is not doing 'work' regardless of the nuber of hours of attendance etc. Obviously , in practice, someone starting to attend a full-time course is a change of circumstances which may raise questions about their continued incapacity for work - but of itself it would not lead to disentitlement. The individual circumstances should be considered and If the person still satisfies the 'all work' test for 'incapacity for work' then they're still incapable of work. In general I would'nt rely on any guidance from DSS Offices - put in the claim and appeal the decision if its refused. Cheers ... Jim > After receiving so many messages telling me I had made a mistake I > triple checked about this. > > First, I rang the benefit enquiry line for disabled people on 0800 > 243355. No problem about having incapacity benefits if lectures are > less than 16 hours a week, but check with local office, I was told. > > Checked with local office. No problem about having benefits if undr > 16 hours a week, I was told. I asked for this in writing. It was > then explained to me that the reason for the cut off is that if you > can work more than 16 hours a week you cannot be incapacitated - no > mention of full time or part time courses. Under 16 hours, fine. It > is also possible to keep benefits if the course is over 16 hours a > week, as it may lead to a qualification which means someone gets a > job and comes off any kind of benefit. Every case is treated > according to its merits. > > Just received another phone call. Harrogate office says if under 16 > hours it is okay. In view of my concern they checked with the York > office, which also says it is okay. I again asked for this in > writing and they are going to ring me back. > > But so far 4 different people in 3 different offices agree that > everything is okay if the lectures are under 16 hours a week. > > Anne-Denise. > Jim Thompson The Advice Place [log in to unmask] 38 Buccleuch Street Tel +44 (0)131 650 2272 Edinburgh EH8 9LP Fax +44 (0)131 668 4177 Scotland %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%