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Disability Rights UK Factsheet F34
These are some of the common queries we receive concerning disabled students. If you cannot find the answer to your question among these FAQs then why not call our Disabled Students Helpline.
Can I claim employment and support allowance as a full time advanced higher education student?
If you are a student you can claim contributory ESA if you have paid enough national insurance (NI) contributions. You will have to satisfy the limited capability for work test.
As a full time advanced student, you can only get income-related ESA if you are also getting disability living allowance (DLA) or Personal Independence Payment (PIP). As a higher education student you will be automatically counted as having limited capability for work. You will still be assessed under the limited capability for work-related activity test, which decides whether you are in the support group or the work-related activity group.
For more information on ESA and the rules for students please see our Factsheet F31 - employment and support allowance.
Can I claim income-related benefits as a student and how will my entitlement to loans in higher education affect them?
You can continue to claim as a full-time student if you meet certain conditions. For example, if you receive Disability Living Allowance (DLA)/Personal Independence Payment (PIP).
In higher education, if you’re eligible for a student loan, part of it will be considered as income.
As an undergraduate student, if you qualify for certain benefits such as DLA or PIP you will be entitled to receive more support with living costs. The loan has a maintenance element and a special support element (up to £3,469). The special support element will be ignored as income for means-tested benefits.
It can be complicated to calculate how much benefit you might finally receive, but here is an example.
If you’re a first year student the maximum loan for the 2016/17 year outside of London is £9,609. This includes a special support element of £3,469.
After ignoring the special support element, the remainder £6,140 will be the maximum maintenance loan. The benefit rules allow you £303 a year for travel costs and £390 a year for books and equipment.
The remaining £5,447 is divided over 42 or 43 weeks, depending on the total number of term weeks.
A further £10 a week is disregarded.
The rest counts as income.
So if your term weeks add up to 42, your weekly loan will be £129.69.
After £10 has been disregarded the remaining £119.69 will be treated as income.
If you study a Master’s degree you will be entitled to a postgraduate loan. 30% of the postgraduate loan you are entitled to receive (which would be £10,000 if you study full-time) will be taken into account as student income. There is no differentiation on whether the postgraduate loans payments are for fees or living costs. You will be treated as having this income if you are entitled to it, even if you choose not to take it.
The same disregards illustrated above will apply.
If your course is part-time, benefits such as Income Support, ESA and Housing Benefit will not usually be affected as long as you continue to meet the basic conditions. Please note: If you’re aged 16-19 and in further education the rules are stricter. You should ask for advice from your local Citizens Advice Bureau.
If you study a Master’s degree you will be entitled to a postgraduate loan. 30% of the postgraduate loan you are entitled to will be taken into account as student income and may affect the amount of benefit paid to you.
Is it possible to get housing benefit (HB) to help pay for student halls?
Most students attending full-time courses are excluded from HB until the course ends. There are some exceptions to this rule. For example you can claim HB if you are disabled or have a serious health condition and you get income-related ESA, income support or qualify for a disability premium. Qualifying benefits for a disability premium include disability living allowance, attendance allowance, severe disablement allowance and long term rate incapacity benefit. This list is not exhaustive.
Please see our Factsheet F44 - housing benefit for more information on all the different routes through which you may qualify for HB as a full time student.
If you are a part-time student, but would be eligible for HB as a full time student and are renting accommodation from your educational establishment you may also get HB (note that there are special rules where you are on income support or jobseeker’s allowance).
Can I claim Universal Credit as a full-time disabled student? I live in a Universal Credit ‘full service’ area.
If you are a full-time student, you can’t normally claim Universal Credit, but there are some exceptions to this rule.
You can claim universal credit if you are a full-time student and have a limited capability for work (assessed by the work capability assessment) and also get disability living allowance (DLA) or personal independence payment (PIP).
CPAG Scotland has produced a detailed factsheet on students and UC. See: www.cpag.org.uk/content/universal-credit-and-students-1. While it is written for Scottish students, the situation is very similar in England and Wales. UC will not be rolled out to Northern Ireland until 2017.
Higher education students eligible for UC will be placed in the ‘no work-related requirements’ group while they’re studying if they’re in receipt of a student loan. Normally this applies over the whole academic year but during the summer vacation you may be subject to work-related requirements..
What support can I get with my disability on my course?
If you have a disability you may need support to access the course and successfully complete your studies.
Support can include many different things, for example:
- Specialist equipment, such as a voice-activated computer
- Sign-language interpreters
- Tape or digital recorder for lectures and notes
- Extra tutorial help
- Changing the height of desks
- Allowing you extra time to complete essays or exams
- Providing handouts on different colour paper, or in a larger font
- Transport to and from college
What is considered reasonable depends on each individual case. You can get more suggestions on possible adjustments by reading our Factsheet F11 - adjustments for disabled students.
You should be able to have a confidential discussion with the staff member responsible for disability, usually called the learning support advisor or disability coordinator. They should arrange for a needs assessment – a face-to-face meeting with a trained assessor who understands about your disability. The assessor will send you a report summarising the extra help that you will receive.
If you have an Education, Health and Care (EHC) Plan, with your permission your school/careers adviser will pass on information about your support needs to the college.
Further education colleges get money from their funding body to provide support. This is usually called Learning Support. If you’re aged 19-24 and have very high support needs, you’ll likely have an EHC plan and get individual funding from your local authority. If not, the college can apply for extra money called Exceptional Learning Support. See our Factsheet F66 - into further education 2017 for more information.
In higher education, you can apply for Disabled Students' Allowances (DSAs). DSAs are for extra costs you have on your course because of your disability. They are divided into four categories: specialist equipment, non-medical helper, general expenditure and travel. You can get more information on DSAs from our Factsheet F18 - applying for disabled students’ allowances.
How do I pay for transport to college?
There are several organisations involved in providing transport to and from college.
Local Authorities (LAs) must make sure that young learners are not prevented from attending college because of transport difficulties. LAs should always consider individual circumstances before making a decision. In England the LA must publish a Transport Policy each year that sets out the support available to all young learners aged 16 to 19. The LA also has a duty to encourage and assist disabled young people with participating in education up to the age of 25. It therefore follows that it is good practice for LA’s to include information about what transport arrangements are available for disabled young learners up to the age of 25.The Learning Support Officer at the college may be able to organise travel or help you apply for financial assistance through its Discretionary Support Fund.
By law, Social Services also have the power to pay for transport to and from college. But Social Services may have limited resources and are allowed to take this into account when deciding whether to provide services, including transport.
If you’re unable to get the funding you need for transport from any of the sources we have listed, you could consider applying to a charitable trust. For more information refer to our information Factsheet F25 - funding from charitable trusts.
Who pays for my personal care at university?
Social services have a legal responsibility to meet the day-to-day needs of disabled people and this includes personal care support as well as practical and emotional support that you may need to manage your life and be independent. Education providers on the other hand have a duty to provide educational support.
If you have an Education, Health and Care (EHC) plan this will cease when you start higher education. Even though the EHC plan will cease, the health and care support you are entitled to will continue. The care part of the EHC plan, known as the Care and Support Plan, will continue in its own right as a statutory plan. Care and Support needs are reassessed by Social Services annually and when there is a change in circumstances such as leaving home to attend a course. If you move away from your home area to attend a course, the funding responsibilities continue to rest with the Social Services Department in your home area.
If you’re considering care and support for the first time, you need to contact your local Adult Social Care Department. You can ask for an assessment of all your care and support needs, carried out by a trained assessor or social worker who will focus on your needs and outcomes that matter to you in your life.
You should not be denied an assessment if it is apparent to the local authority that you have needs for care and support. The assessment will look at the total extent of your needs before your eligibility is considered. The local authority will use the national eligibility criteria to determine your eligibility for care and support by looking at whether:
- Your needs are related to your physical, cognitive, sensory or mental disability or illness
- As a result of those needs, you are unable to achieve at least two of the outcomes specified in the Care Act (such as managing nutrition and personal hygiene)
- There is likely to be a significant impact on your well-being as a consequence of being unable to achieve these outcomes.
The needs assessment should decide whether you’re eligible for services, what needs you have and which of these needs social services will pay for. Social services are allowed to make a charge for services but they should also take into consideration your ability to pay following a financial assessment.
All universities and further education colleges are covered by the Public Sector Equality Duty This came into force in April 2011 and requires them to:
- Eliminate discrimination, harassment and victimisation
- Advance equality of opportunity.
- Foster good relations.
Actions could include adapting accommodation for you and arranging assistance from volunteers.
I want to complain about the way I've been treated on my course. I think it might be discrimination. What should I do?
If you want to make a complaint, you may find it easier approach your tutor or the Learning Support Adviser or Disability Coordinator first. This is a more informal way to investigate the problem. If you’re not satisfied with the outcome of this, you can make a formal complaint in writing. Ask your college or university for details of what this process involves.
For support in resolving the issue informally, advice on using conciliation or mediation services and information about civil legal aid, please contact our Disabled Students Helpline .
For more information on taking your complaint further, see our Factsheet F47 - making a complaint.
Further help or information
For further information on the support that is available for disabled students, please contact our Disabled Students Helpline - 0800 328 5050.
We also produce a range of education factsheets covering these subjects and frequently asked questions which you can access through the education and skills section of our website at disabilityrightsuk.org.
Rundip Thind - 16 February 2017