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Childcare Grant given then revoked Watch

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    The independent bit relates to eligibility for the fee loan, maintenance loan and maintenance grant, and doesn't apply to the dependents grants, so it's not shooting you in the foot here.

    You've nothing to worry about on this, although I imagine they'll get difficult due to not understanding the regulations properly. Do as I've previously suggested, and get back to me if there's any further issues.
    • Thread Starter
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    Hi,

    I've recieved the appeal back I'm going to post it in full - its a mouthful but I feel its necessary to get the whole picture.

    --------------------------

    Dear Miss Boyle,

    Thank you for your e-mail which we received on 31/12/2010. As a result,
    your appeal has been reviewed at Stage 1 of the Student Finance England
    appeals process. I have reviewed all the information provided in respect
    of your appeal and I am now in a position to respond.

    When determining a student's eligibility for finance, an application is
    assessed in accordance with The Education (Student Support) Regulations
    2009. As you have correctly stated, for the Child Care Grant (Regulation
    45), your partner would fall under the definition 'partner' as per the
    interpretation stated in Regulation 42(1)(l)(ii):

    42. - (1)(l)(ii) a person is to be treated as a partner if that person
    would be a partner under subparagraph (h) but for the fact that the
    eligible student with whom that person is ordinarily living does not fall
    within paragraph (2)(1)(a) of Schedule 4;

    Meaning that financial obligations would ordinarily be taken into account
    when calculating the Child Care Grant entitlement, as per Regulation
    (42)(3):

    42. - (3) Where an eligible student or the student’s partner makes any
    recurrent payments which were previously made by the student in pursuance
    of an obligation incurred before the first academic year of the student’s
    course, the partner’s net income is the net income calculated in accordance
    with paragraph (2) reduced by—
    (a) an amount equal to the payments in question for the academic year, if
    in the opinion of the Secretary of State the obligation had been reasonably
    incurred; or
    (b) such lesser amount, if any, as the Secretary of State considers
    appropriate if, in the opinion of the Secretary of State, a lesser
    obligation could reasonably have been incurred.

    However, before calculating the sums of to dependants grants a student will
    receive, the Secretary of State, which in this instance is Student Finance
    England, must determine who a child is financially dependant upon during
    the academic year, as per Regulation 47 (3):

    47. - (3) Where A-B is equal to or exceeds the aggregate of the basic
    amounts of the elements of the grant for dependants for which the eligible
    student qualifies, the amount payable in respect of each element is nil.

    In general, where a partner's net income exceeds a student's estimated
    income and student finance entitlement, then a student would not be
    entitled to dependants grants. I can confirm that at this stage, financial
    obligations would not be taken into account. This is further clarified in
    the '2010/11 HE Student Finance: Grants for Dependents and Travel Grants'
    guidance chapter, paragraph 28:

    28. Students aged under 25 with a child and living with a partner
    (including a same sex partner)
    Where a student is under 25 and living with a partner, the partner is not a
    dependant of the student under regulation 42(1)(h). Therefore the partner’s
    income should not then be used to assess the grants for dependants under
    regulation 47. However, the income of the partner of a student under 25
    should be considered for the purpose of deciding whether a child is mainly
    financially dependent on the student or the student and his partner
    together. This should be decided by comparing the estimated income that a
    student might have – maximum potential student support for living costs:
    maintenance loan, Adult Dependants’ Grant, Parents’ Learning Allowance, the
    maximum applicable rate of Childcare Grant, plus any income from other
    sources – with the net income of the student’s partner, except for any
    child tax credit. Any child tax credit received either by the student or
    their partner should be added to the student’s estimated income.

    Therefore, based on the information you have provided, as your partners net
    income exceeds your financial entitlement, you would not be entitled to
    dependents grants.

    Whilst I appreciate that this may not be the response you were hoping for,
    I believe that Student Finance England has applied the Education (Student
    Support) Regulations 2009 correctly in this case. The Student Loans Company
    (SLC) is a public body and is bound to administer the student support
    scheme within the legislative framework laid down by government.
    Entitlement to funding is entirely governed by the relevant provisions of
    the appropriate student support regulations, stated above. This is not a
    question of discretion, the SLC are bound by these regulations.

    Further information on the Student Finance England Formal Appeals process
    can be found on www.direct.gov.uk/studentfinance within the pages relating
    to Applying for Student Finance.

    ----------------------------

    I feel that they have interpreted the regulations wrong again - they should take into account financial obligations when determining NET income it says so in the definition of NET income in regulation 42(1)(g) which is applicable to regulation 47. Can anybody confirm this? Am I reading this correctly? Also in regulation 47, in the calculations, what is 'M' equal to?

    Many thanks,

    Roxy
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    Will update in the morning. Going to pass this on to my CCG specialist. Certainly wrong in my view.
    • Thread Starter
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    Hi Taiko,

    Thanks again for your assistance! The regulations are so wordy that you definately need another opinion to feel confident about using them in an appeal incase you have missed something.
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    I'm confident, but it's always worth getting a second look. Going to pop it on a spreadsheet and PM it to you.
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    Do you have child tax credit? If so, can you give me the figure for the full year please?
    • Thread Starter
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    Hi Taiko. Child Tax credit is £706.55 2010-11. £2693.35 year 2009-2010.

    Also, if you dont mind answering another question - what financial obligations are eligibile to be used for the purpose of NET income? Obviously we have tonnes such as car insurance, fuel, energy bills, council tax, car tax etc. What should we include?

    Thank you so much again.
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    I'll go into that at a later time. Do you have any other income of your own? Trying to get them over a barrel on this.
    • Thread Starter
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    I'm partially sighted so I get DLA which is £151.60 per month (£1819.20 pa) but wasn't sure whether this was counted as income? This is my only other income apart from child benefit which is 81.20 per month (974.40 pa) and child tax credit.

    Thanks,

    Roxy
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    Pretty sure I've got this. Will report back later on.
    • Thread Starter
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    Thank you. Let me know what you got when you get a chance.

    Roxy
 
 
 
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