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Skill: National Bureau for Students with Disabilities runs a free information service for disabled students and their key advisers. In 2004/2005 we answered over 3,000 enquiries, of which around 15 percent related to benefits.
The following briefing paper discusses issues concerning incapacity benefit for students in post-16 education, as identified by Skill’s information service and policy team. If you have any comments or further evidence of students being affected by the issues raised below, please do get in touch with Skill’s policy team via Kate Goddard, email: kate@skill.org.uk
Fee reductions or waivers are only available for people in receipt of means-tested benefits. As incapacity benefit (IB) is a non-means tested and also (after 28 weeks) a taxable benefit, it does not fall into this category. Students in receipt of IB who also receive means-tested benefits, such as income support or housing benefit, should be eligible for a fee waiver. However, not all students will be on these additional benefits, perhaps because of their partner’s income or simply because they are unaware of their entitlement.
Colleges can of course use their discretion to enable students on IB to receive a fee waiver, but with the well-publicised funding difficulties in the further education sector, this is rarely available in practice.
After a year of claiming IB, claimants are eligible for the disability premium within means-tested benefits such as income support or housing benefit, therefore possibly opening the door to these benefits. However, students are often not aware of the impact of this. There needs to be further discussion about how to enable the majority of people on IB, who are also on low incomes, to participate in education without being put off by fees. Sometimes this will require a fee reduction or waiver, to enable them to study. This will become even more pertinent with the proposed increase in fee contribution from learners, and the cuts to LSC budget and learner support funds. This should be further investigated by DWP and DfES.
The majority of benefits enquiries to Skill’s information service concern studying and claiming benefits. Prospective students in further and higher education are often very concerned about whether their benefits will be affected by study. This is particularly worrying for people with long-term health conditions and mental health difficulties.
There is no regulation that says you cannot get IB while you are studying, even full-time. However, some people, including some Jobcentre Plus staff, assume that studying proves that someone is capable of work. In fact it all depends on the course you are going to do, and Skill believes that studying at FE or HE level should not impact upon IB, unless the course is very vocationally orientated and involves the same hours, tasks and pressure of employment.
There needs to be better, clearer and more student friendly information available on the impact of studying on benefits.
When developing welfare reform and changes to IB, it is essential to recognise the importance of learning in facilitating a return to work. This initial contact with a learning provider is often on non-accredited learning, as a first step, which can then lead to accredited provision, training or employment. It is essential that this initial contact with learning is encouraged, and not overlooked by the focus on Skills Strategy/DWP priorities. It is also essential that DWP work with the Department for Education and Skills in implementing these proposals. This is key if disabled people are to be able to progress to meaningful employment.
Mark was seriously injured in a car accident and as a result is unable to continue his previous employment as a potter. Mark is in receipt of Incapacity Benefit. He initially started a course at college to get out of the house and do something stimulating while he recovered, and has now moved onto studying computing and programming, with a view to returning to work within computer design when he is able.
(actual example)
Damien has mental health difficulties and had low self-esteem throughout school. He did an electrician apprenticeship, but failed the written exam, and so went onto become a labourer. He became unemployed a few years later and did not have the confidence to complete application forms for jobs and so stayed on IB. He started at college to break the ‘circle of boredom’ and also to learn computer skills to enable him to better interact with his son. As a result his confidence is much improved and now feels confident enough to complete application forms.
(actual example)
When considering benefits issues for students more generally, there can be big difficulties if students with disabilities have to leave their course temporarily for a reason relating to illness/disability. Students are not entitled to benefits to support them during this time. LEAs have discretion to continue student support funding but this is not guaranteed. Such students are eligible to claim Jobseekers’ Allowance if they become well enough, but they cannot claim income support when they leave their course.
Keryn had a medical condition and was waiting for an operation that would require her to miss three months of college. Her college arranged for her to intercalate, but after 60 days her local education authority stopped her loan payments. She was not able to do any paid work and so had to fall back on family and friends to help her support herself (composite example).
Skill policy team - October 2005
Presented by Kate Goddard at Disability Alliance's incapacity benefit reform Conference.
