How should DWP class my university stipend?

[pumpkin pie]

Hi,

 

My husband started to claim contribution based JSA in April and this was changed to Income based JSA in about August I think. At the time I had no income as i had just graduated from university so we recieved payments towards our mortgage and council tax benefit etc.

 

When I started a postgraduate course in October we notified them of my stipend (tax free money from a scholarship to support me during my course). When I updated them, the DWP decided we were no-longer entitled to anything from them because our income (mine, chilt tax credit and child benefit) brings us £28 a week over their low income limit. I have explained in letters that this money is for study materials, housing, transport and living costs and asked my supervisor to do the same.

 

Today we weard back from DWP, we are entitled to nothing at all. They let slip that no-one knew if this income could be counted as it was a scholarship and apparently several people were looking into it and decided it should. It appears there are no guidelines.

 

Basically, if this is right I cant continue on with my PhD and will have quit. There is a possibility we may lose our home.

 

I had been informed that the allowable low income limit was after the deduction of rent, etc. Does anyone know if that is true or if there is anything I can do?

 

Thanks,

S

[pumpkin pie]

If anyone would be willing to share their opinions or knowledge about this sort of thing i'd be really grateful.

[IdaInFife]

I don't know the answer but may know someone that does so will ask them to pop along

[pumpkin pie]

That would be great, thanks very much.

[ErikaPNP]

Hi, Ida's asked me to look in here. Unfortunately, JSA and students is a subject I don't have a whole lot of experience in.

 

However, I'm afraid they are correct in that Student funds can be taken into account as income for the purposes of an income based JSA claim, where the student is the claimant's partner. The crux is how much of it they can take into account, as with some types of student income disregards can be applied in part.

 

There is guidance on it which you can find here. Chances are they didn't know how to classify your stipend (grant or allowance for example) and had to seek guidance from their legal and policy department who would have advised them of how it should be treated.

 

If you disagree with the decision you can appeal against it. This means they will look at the decision again, and if they are unable to overturn it, it will go to the Tribunal Service who will decide if they have erred in law.

[pumpkin pie]

Hi Erika,

 

Thanks very much for your input and those links. I think the deductions for living costs, cooks and travel annually may be of help with this and intend to submit an appeal with this information included asap.

 

Do you by any chance know the minimum weekly living amount for 2 adults and 2 kids that the DWP use? I had in my head it was £260 odd and when deducting accommodation and trave/books from this am below it. Do you know if the low income limit is whats left after accommodation or is it made up of actual income? I swear they intentionally conceal this information!!

 

Thanks so much for the help already given. I've dedicated the last 4 years of my life to have the opportunity I have now (and missed a lot of the first 4 years of my kids life too as a necessary sacrifice). I don't want to have done all that for nothing

 

Susan

[ErikaPNP]

There is no element of JSA for your children, as this was replaced with the introduction of child tax credit. It's a bit more complicated than two adults and two kids because your circumstances could be very different to another family with the same number of adults/children.

 

There's a good chance you're entitled to nothing in regards to JSA, but there is also a chance that they haven't applied disregards that they should have done, which may entitle you to something.

 

There are two benefit calculators you can input your details to in order to get a rough calculation here and here.

 

I'm going to move this to the benefits subforum as there are some people who work or have worked in JSA processing who may be able to answer more specifically.

[pumpkin pie]

Great thanks.

 

I forgot about the tax credit thing - incidentally I spoke to them this morning and it turns out as the scholarship isnt means tested or for dependents, etc. just a stipend that all successfull course applicants get they dont count it as an income. Jus thought i'd add that incase anyone reading this is wondering whether postgraduate stipends are classed for tax credit payments.

[pumpkin pie]

Just to say, i'm going to be giving DWP a phone tomorrow to try to clarify whether they have applied the correct disregards. Just need to hope they have made a mistake somewhere along the line.........

[RaeUK]

Fingers crossed hun.

Rae.

[pumpkin pie]

Thanks Rae

 

Well, just had DWP on phone, turns out they are giving us no help whatsoever and do not give any disregards for accommodation.

 

However, the letter I provided from my supervisor clearly states that the stipend is to cover accommodation and living costs. Anyone know if they can disregard what the scholarship funds are intended for??

 

This is making me so angry! If I need to quit Uni then I'll be unemployed and they will end up paying out anyway. Makes no sense at all