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CPAG promotes action for the prevention and relief of poverty among children and families with children. To achieve this, CPAG aims to raise awareness of the causes, extent, nature and impact of poverty, and strategies for its eradication and prevention; bring about positive policy changes for families with children in poverty; and enable those eligible for income maintenance to have access to their full entitlement. If you are not already supporting us, please consider making a donation, or ask for details of our membership schemes, training courses and publications.

Published by Child Poverty Action Group

94 White Lion Street

London N1 9PF

Tel: 020 7837 7979

staff@cpag.org.uk

www.cpag.org.uk

Child Poverty Action Group 2011

This book is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, resold, hired out or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser.

A CIP record for this book is available from the British Library

ISBN: 978 1 906076 58 0

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The author

Angela Toal is a welfare rights worker with CPAG in Scotland, working on its Benefits for Students Project.



Acknowledgements

First and foremost, many thanks to Judith Paterson, welfare rights co-ordinator at CPAG in Scotland, who wrote the first few editions of this Handbook and continues to provide invaluable checking and advice.

Grateful thanks are due to staff at the Student Awards Agency for Scotland and the Scottish Funding Council for their time and expertise in checking and advising on this Handbook. Thanks too to all of those on the Students Project advisory group for their support and encouragement throughout the year.

Many thanks go to John Dickie and everyone else at CPAG in Scotland for their invaluable support and practical help.

Many thanks also to Nicola Johnston for editing and managing the production of the book, Helen Treacy for proofreading the text and Katherine Dawson for producing the index.

CPAG is grateful for the Scottish Government’s financial support towards this Handbook.



Online Handbook and further training, information and advice

CPAG, with Scottish Government funding, continues to make this Handbook available free online at http://scottishhandbooks.cpag.org.uk, and provides training, advice and information to advisers in Scotland on benefits for people studying or thinking of studying. Please contact Angela Toal on 0141 552 8361, or go to www.cpag.org.uk/scotland/studentbenefitsproject for details of the support we can offer. For specific students and benefits advice queries, contact our adviser’s advice line on 0141 552 0552 between 10am and 12 noon Monday to Friday, or e-mail advice@cpagscotland.org.uk.

We would be very grateful if readers would send any comments, corrections or suggestions for inclusion in the next edition to CPAG in Scotland, Unit 9, Ladywell, 94 Duke Street, Glasgow G4 0UW; email staff@cpagscotland.org.uk.



Foreword

This, the 8th edition of the Benefits for Students in Scotland Handbook, comes at a time when the new government in Westminster is proposing huge funding cuts, including cuts to the benefits system. The recent emergency Budget outlined some of these plans, including a cap on housing benefit, a freeze in child benefit for the next three years, and requiring lone parents to look for work when their youngest child starts school. These measures will impact on low income households with children not only financially, but also in terms of their ability to consider education as a way out of poverty. If these plans go ahead, the previous option of lone parents remaining on benefit while studying in the further education sector will be available only to those with a child aged four or under. For many lone parents, balancing the care of a young child with full-time education is just not possible.

At the same time increasing numbers of people are looking to access education generally, as immediate job opportunities become more limited and redundancies lead people to look at reskilling. In this context, increased support for students made available by the Scottish Government is welcome. In the higher education sector additional spending will mean a higher total amount of student funding for low-income students, some of which is in the form of grants which do not need to be paid back. Further education funding has increased too in the last year, although the upsurge of demand for college places and the discretionary nature of the funding means that not everyone can get the funding they need when they need it. Despite these increases, levels of financial support are still too often inadequate and too many students continue to face financial hardship. For those with disabilities, studying can be an important route back into the workplace. Many disabled students are on incapacity benefit or income support, and it is proposed they will be transferred to the new benefit for ill and disabled people, employment and support allowance (ESA), over the next few years. CPAG was able to secure an important concession for students moving across to ESA, which will mean continuity of benefits for many of those already in education when the transfer happens. However, for people already in receipt of ESA who take up full time study, the rules are now less generous than under previous benefits for those facing ill health or disability.

We hope this latest edition of the Benefits for Students in Scotland Handbook will continue to help frontline advisers stay up to date with these important developments and assist students, and people who are thinking of studying, to secure the financial support they need to further their education. Ensuring young people and parents are able to access and sustain educational opportunities remains crucial to increasing incomes and enabling people to protect themselves and their children from poverty.

John Dickie

Head of CPAG in Scotland



How to use this Handbook

This Handbook is intended for those who advise students, or potential students, in Scotland about their entitlement to benefits and tax credits. It covers both further and higher education.

The Handbook gives an outline of the benefit and tax credit rules and focuses on issues relevant to students. For more detailed information on the rules, see CPAG’s Welfare Benefits and Tax Credits Handbook.

The Handbook covers rules affecting students studying in Scotland who are eligible for support through Scottish funding bodies such as the Student Awards Agency for Scotland. It does not cover the rules for students getting support from England, Wales or Northern Ireland, or elsewhere outside Scotland.



Up-to-date

This Handbook is up-to-date on 5 August 2011 and is intended to be used for the academic year 2011/12. Rates of grants and loans used are those for the 2011/12 academic year.

Benefit and tax credit rates used are those from April 2011.

You can check CPAG’s online version of this Handbook for updates at http://scottishhandbooks.cpag.org.uk. From April 2012, the online Handbook will be updated to include new rates and other recent changes.



Definitions

Most full-time students are excluded from benefits, mostly those benefits where entitlement relies on a means test. There is one definition of ‘full-time student’ used for means-tested benefits – ie, income support, jobseeker’s allowance, income-related employment and support allowance (ESA), housing benefit and council tax benefit. Other definitions are used for carer’s allowance, contributory ESA in youth and incapacity benefit, and for council tax. Some students, however, can claim means-tested benefits despite being classed as full time. It is best not to assume that because a student is excluded from one benefit, s/he is excluded from all of them. Who counts as a ‘full-time student’ is explained in detail in the relevant chapters.



Structure of the Handbook

A benefit chart at the front of the Handbook provides an overview of benefit and tax credit entitlement for students. You may want to use this as a starting point to check possible entitlement and then turn to the individual chapters for details.

Part 1 looks at students’ entitlement to benefits and tax credits. Part 2 gives a glossary of student support in further and higher education and Part 3 goes on to consider how each kind of support affects entitlement to means-tested benefits, tax credits and health benefits. Part 4 considers other matters – council tax and benefits for students taking time out from studies.

Chapters are footnoted with references to the legal sources. Where an abbreviation is used in the footnotes or in the text this is explained in Appendix 3 and on p. If you are appealing against a benefit or tax credit decision, you may want to refer to the law. Appendix 1 suggests where you can obtain Acts, Regulations and caselaw.



Abbreviations

AA attendance allowance
CA carer’s allowance
CTB council tax benefit
CTC child tax credit
DLA disability living allowance
DWP Department for Work and Pensions
ESA employment and support allowance
FE further education
HB housing benefit
HE higher education
HNC Higher National Certificate
HND Higher National Diploma
IB incapacity benefit
IS income support
JSA jobseeker’s allowance
MA maternity allowance
NC National Certificate
NQ National Qualifications
PC pension credit
SAAS Student Awards Agency for Scotland
SAP statutory adoption pay
SGHD Scottish Government Health Department
SFC Scottish Funding Council
SMP statutory maternity pay
SPP statutory paternity pay
SSP statutory sick pay
SSWP Secretary of State for Work and Pensions
SVQ Scottish Vocational Qualification
The Revenue HM Revenue and Customs
WTC working tax credit


Means-tested benefit rates 2011/12

Income support and income-based jobseeker’s allowance
Personal allowances £pw
Single Under 25 53.45
25 or over 67.50
Lone parent Under 18 53.45
18 or over 67.50
Couple Both under 18 (maximum) 80.75
One 18 or over (maximum) 105.95
Both 18 or over 105.95
Premiums
Carer 31.00
Pensioner Single (JSA only) 69.85
Couple 103.75
Disability Single 28.85
Couple 41.10
Enhanced disability Single 14.05
Couple 20.25
Severe disability One qualifies 55.30
Two qualify 110.60
Children(pre-6 April 2004 claims with no child tax credit)
Dependent children Under 20 62.33
Family premium 17.40
Disabled child premium 53.62
Enhanced disability premium 21.63
Pension credit
Standard minimum guarantee Single 137.35
Couple 209.70
Severe disability addition One qualifies 55.30
Two qualify 110.60
Carer’s addition 31.00
Savings credit threshold Single 103.15
Couple 164.55
Income-related employment and support allowance
Assessment phase
Main phase
Personal allowances

Single
Under 25 53.45 67.50
25 or over 67.50 67.50
Lone parent
Under 18 53.45 67.50
18 or over 67.50 67.50
Couple
Both under 18 (maximum) 80.75 105.95
Both 18 or over 105.95 105.95
Premiums
Carer 31.00 31.00
Severe disability - one qualifies 55.30 55.30
Severe disability - two qualify 110.60 110.60
Enhanced disability
Single 14.05 14.05
Couple 20.25 20.25
Pensioner
Single, usual rate 69.85 43.10
Single, support group 69.85 37.50
Couple, usual rate 103.75 77.00
Couple, support group 103.75 71.40
Components
Work-related activity - 26.75
Support - 32.35
Housing benefit and council tax benefit
Personal allowances
Single Under 25 53.45
Under 25 (on main phase ESA) 67.50
25 or over 67.50
Lone parent Under 18 53.45
Under 18 (on main phase ESA) 67.50
18 or over 67.50
Couple Both under 18 80.75
Both under 18 (claimant on main phase ESA) 105.95
One or both 18 or over 105.95
Children Under 20 62.33
Person over qualifying age for pension credit Single under 65 137.35
Single 65 or over 157.90
Couple both under 65 209.70
Couple one or both 65 or over 236.80
Premiums
Family Ordinary rate 17.40
Some lone parents 22.20
Carer 31.00
Disability Single 28.85
Couple 41.10
Disabled child 53.62
Severe disability One qualifies 55.30
Two qualify 110.60
Enhanced disability Single 14.05
Couple 20.25
Child 21.63
Components
Work-related activity 26.75
Support 32.35



Non-means-tested benefit rates 2011/12

Claimant
£pw
Attendance allowance
Higher rate 73.60
Lower rate 49.30
Bereavement benefits
Bereavement payment (lump sum) 2,000.00
Bereavement allowance (maximum) 100.70
Carer’s allowance 55.55
Child benefit
Only/eldest child 20.30
Other child(ren) 13.40
Disability living allowance
Care component
Highest 73.60
Middle 49.30
Lowest 19.55
Mobility component
Higher 51.40
Lower 19.55
Employment and support allowance (contributory)
Assessment phase
Basic allowance (under 25) 53.45

Basic allowance (25 or over)

67.50
Main phase
Basic allowance (16 or over) 67.50
Work-related activity component 26.75
Support component 32.35
Guardian’s allowance 14.75
Incapacity benefit (short-term)
Lower rate 71.10
Higher rate 84.15
Incapacity benefit (long-term) 94.25
Age-related additions:
Under 35 13.80
35–44 5.60
Jobseeker’s allowance (contribution-based)
Under 25 53.45
25 or over 67.50
Maternity allowance
Standard rate 128.73
Variable rate 90% of earnings
Retirement pension 102.15
Severe disablement allowance 62.95
Age-related additions:
Under 40 13.80
40–49 7.10
50–59 5.60
Statutory adoption pay 128.73
Statutory maternity pay
Lower rate 128.73
Higher rate 90% of earnings
Statutory paternity pay 128.73
Statutory sick pay 81.60


Tax credit rates 2011/12

Child tax credit £ per day £ per year
Family element 1.49 545
Child element 6.99 2,555
Disability element 7.65 2,800
Severe disability element 3.08 1,130
Working tax credit
Basic element 5.25 1,920
Couple element 5.33 1,950
Lone parent element 5.33 1,950
30-hour element 2.16 790
Disability element 7.25 2,650
Severe disability element 3.09 1,130
50-plus element Working 16–29 hours 3.73 1,365
Working 30 hours or more 5.55 2,030
Childcare element Eligible childcare costs to a maximum of:
One child (weekly rate) 70% of 175
Two or more children (weekly rate) 70% of 300
Income thresholds
First income threshold WTC alone or with CTC 6,420
CTC alone 15,860
Second income threshold 40,000


Benefits and tax credits chart

This is a short guide to the benefits and tax credits you may be able to claim depending on your circumstances. In each case there are other tests that you must pass to be entitled. See the page shown in the last column for details. Chapter 15 explains which benefits are affected by any grant or loan you get. Terms such as ‘full time’, ‘part time’ and ‘student’ are explained in the section beginning on .

Your circumstances

Benefit or tax credit

Page

Aged 16–18 (and some 19-year-olds) in full-time further education

Have a child

Income support

Housing benefit

Child tax credit

Child benefit

Have a disability

Disability living allowance

Income-related employment and support allowance

Housing benefit

Income support (not new claims)

Aged 16–18 (and some 19- and 20-year-olds) in full-time further education

Orphan, estranged or separated from parents

Income support

Housing benefit

Living away from parents

Housing benefit

Full-time student

Single

Health benefits

Lone parent of child under 7 (or sometimes 10)

Income support

Child tax credit

Housing benefit

Council tax benefit

Child benefit

Student couple with a child, or lone parent

Long vacation

Jobseeker’s allowance

Income support (if eligible)

All year

Housing benefit

Council tax benefit

Child tax credit

Child benefit

Couple, one student

Income support

Jobseeker’s allowance

Housing benefit

Council tax benefit

Child tax credit

Child benefit

Part-time student

Income support

Jobseeker’s allowance

Housing benefit

Council tax benefit

Working

Under 16 hours

Part-time student

Income support

Jobseeker’s allowance

Full-time student

Income support if eligible as a student

At least 16 hours a week and have a child

Working tax credit

At least 16 hours a week and have a disability

Working tax credit

At least 30 hours a week and aged 25 or over

Working tax credit

At least 16 hours a week and aged 50 or over

Working tax credit

Sick or disabled

Employment and support allowance

Housing benefit

Disability living allowance

Health benefits

Income support (not new claims)

Incapacity benefit (not new claims)

Recovered and waiting to return to studies

Housing benefit

Jobseeker’s allowance

Council tax benefit

Having a baby

Under 18 Healthy start vouchers

Getting certain benefits/tax credits

Maternity grant

Healthy start vouchers

Working or recently working

Maternity allowance

Statutory maternity pay

Working tax credit

When the child is born

Child tax credit

Child benefit

Studying part time

Income support

Partner having a baby

Statutory paternity pay

Adopting a child

Statutory adoption pay

Caring for someone sick or disabled

Studying part time

Carer’s allowance

Income support

Waiting to return to studies after taking time out to care

Jobseeker’s allowance

Housing benefit

Council tax benefit

Need dental treatment or glasses

Health benefits

Reached the qualifying age for pension credit

Pension credit

Housing benefit

Council tax benefit


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