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Carer & in Full time education...Tribunal...ARGH! - Carers UK Forum

Carer & in Full time education...Tribunal...ARGH!

Share information, support and advice on all aspects of caring.
70 posts
Allow me introduce myself - Hello, I am Alex Robinson. I am 19, I study Law. I live with my Fiance, Sarah whom has Cystic Fibrosis. We have been together for 2 years and have been engaged for about 16 months.

We moved in together in September 2007, I claimed Carers Allowance from then until present day. However the DWP have refused to pay me due to being in Full Time education. (Fair enough the law says that Full Time students are not allowed to claim) Anyway i still appealed against their decision. Once again they denied me, thus it has gone to a tribunal.

I have submitted most of my evidence but still waiting some Freedom of Information Act documents from DWP. I have also written to my local MP and he confirmed that he is also in contact with DWP and will inform me of any developments. Luckily, I spoke with my law tutor about this and she pointed me in the direction of Social Security academic and a Chairer at Social Security Tribunals and even he told me that I'd have great difficulties persuading the tribunal to award me Carers Allowance.

I am looking for anyone who has dealt with situations like this before Who can help me try and put forward a decent argument as to why I should be awarded Carers Allowance. With Cystic Fibrosis being a common illness, I cannot be the only student in the UK to be caring for a Cystic Fibrosis sufferer.


I am only enquiring to see if anyone else has had the same problems as me. being a carer and being in education and succesfully getting CA through a tribunal?


Thanks in Advance


Alex Robinson
You have exactly the right attitude...but to be honest you also probably don't stand a snowball in hells chance of getting CA under those circumstances. Anyway, keep up the good work, you deserve it!
HI Alex
Well done on challanging them on this ridculous rule. However I have never heard of anyone sucessfully challenging the study rule as the law seems very clear on it - the only challenges I have heard of are around what counts as part of the 21 hours study.

But other aspects of the Carer's Allowance have been challenged and won, in the 1980's only single women could claim Carer's Allowance and that was challenged and changed by a Carers UK member.

Regarding the study rule Carers UK has been campaigning long and hard to get this rule abolished. It is one of those rules that contradicts the government's own policy to encourage more carers to go into education and training.

The Government is currently reviewing Carer's Allowance as part of a wider Strategy for Carers. We expect this to be published in the next few months. Carers UK submitted a wealth of evidence to the groups who are advising the government. One of the things we have called for is to get rid of this outdated rule.

So I would advise you to watch out for the National Strategy being published this year and see if that offers any change. Meanwhile, good luck with your challenge - please keep us informed.

Matt

PS _ You might want to talk it over with one of our helpline advisors who are benefit experts.
CarersLine T. 0808 808 7777
*Wednesday and Thursday
10am-12pm and 2pm-4pm
Hey guys. thanks for your helpful replies.

I am just submitting more information to the tribunal. My main argument is justification for me requesting under the FOIA 2000 the number of CA claimants in the last 10 years that habe been rejected due to being in full time education. I Stated that it is important that the tribunal are made aware about how many people are affected by the outdated study rule.


Just a question Matt, Are you able to provide me with the name of the case of the Carers UK member who succesfully challenged and won?


Best wishes


Alex Robinson
Hi Alex

Her name was Jackie Drake and the case was won in the European Parliament.

Matt
Hey guys. thanks for your helpful replies.

I am just submitting more information to the tribunal. My main argument is justification for me requesting under the FOIA 2000 the number of CA claimants in the last 10 years that have been rejected due to being in full time education. I Stated that it is important that the tribunal are made aware about how many people are affected by the outdated study rule.
Hmmm. Not a very useful request - because so many people have been put off claiming that it tells us nothing. Including members of my own family. But keep on asking anyway, its a very good campaign point and things may change in future....
TORY M.P. CONWAY `S SON WHO WAS IN FULL TIME EDUCATION AT NEWCASTLE UNI WAS ABLE TO "WORK" FOR HIS FATHER AT WESTMINSTER NOT SURE HOW MANY HOURS PER WEEK HE WORKED BUT IAM SURE YOU WILL BE ABLE TO PROVE THAT YOU CAN WORK THE MINIMUM 35 HOURS REQUIRED TO ENABLE YOU TO CLAIM CARERS ALLOWANCE .
Oh Alex - you sound lovely & SO caring & I wish you well. Image

I'm just wondering whether you should maybe edit some of your personal details from your postings. For security reasons. Image
Quick update: I had my tribunal today the panel said cant argue full time education rule but says that I am onto something with discrimination against students, so my case has been adjourned to submit further evidence.
Good luck with this Alex

Rosemary
x x
70 posts