About this factsheet

This factsheet is part of RNID’s benefits range. It is written for deaf and hard of hearing students in full-time further or higher education who live in England, Scotland or Wales. If you live in Northern Ireland, contact the Benefit Enquiry Line (BEL) for Northern Ireland. We use the term ‘deaf’ throughout to refer to all types of hearing loss.

If you would like this factsheet on audio tape, in Braille or in large print, please contact our Information Line.

In this factsheet you can find out:

This factsheet is about the rules for deaf or disabled students in full-time education. There may be other rules that would also allow you to claim benefits as a full-time student, for example, if you are a lone parent. However, this factsheet does not deal with those rules.

If you are a part-time student, your benefits are usually not affected by studying, although for Jobseeker’s Allowance (JSA), you will have to show that you are looking for and available for work.

What do we mean by further and higher education?

Further education (FE) includes:

If you are in further education and want to know whether your college should provide support for you, such as interpreters, notetakers and loop or infrared systems, see our factsheet Deaf students in further education – your rights under the Disability Discrimination Act (DDA) 1995.

Higher education (HE) means courses that lead to:

It also includes courses for the initial training of teachers, including those leading to a first degree (such as Bachelor of Education).

What do we mean by part-time and full-time study?

Full-time study means different things depending on:

Each benefit has different definitions of what is full-time study, and rules vary as to when you can get benefits as a full-time student. We explain these definitions and rules later.

Can I claim benefits when I am studying?

The following benefits should not be affected if you are in full-time further or higher education:

Can I claim benefits myself?

If you are deaf or have a disability, you can claim benefits in your own name as soon as you are 16, even if you still live with your parents. The most common benefits you may be able to claim are:

How are my parents’ benefits affected?

If you claim IB and IS in your own right after you are 16, your parents can no longer get benefits for you. This means that they will not be able to claim:

In most cases, you and your family will be better off if you claim benefits in your own right when you are 16. But if you are the only dependent child of a family on IS or JSA, your family may be slightly worse off if you claim benefits in your own right. In this situation, get advice before claiming.

Your parents can only claim for you beyond age 16 in some circumstances. They cannot claim for you:

Disability Living Allowance (DLA)

If you are deaf and need communication support, or need someone with you in unfamiliar places, you can claim DLA. Once you are 16, you can claim DLA in your own right. It will normally be paid directly into your bank account.

If you were getting DLA before your 16th birthday, your parents or guardian will already be claiming on your behalf.

DLA is not means-tested. This means:
• it is not affected by any other income you have or other benefits you claim
• it does not matter whether you are studying, working or unemployed.

If you need to make a new or renewed claim for DLA, see our factsheet Disability Living Allowance (DLA).

Incapacity Benefit (IB)

IB is paid on the basis that you are incapable of work. Many young deaf people claim benefit in this way. Your level of incapacity will usually be based on a doctor’s letter or medical certificate and a medical assessment.

Claiming IB only means that you can claim benefits without having to be a jobseeker who is available for and actively seeking work each week. You can be treated as incapable of work even if you are still at school or college.
Claiming benefit under the incapacity rules does not mean that you are unable to work at all, or that you will never work.

If you are under 20 – or under 25 and have left full-time education or training that you started before your 20th birthday – you can claim Incapacity Benefit in Youth, IB(Y). You claim this under special rules for young people without having to meet the usual rules about National Insurance contributions.

Once you are over 20 (or 25 if you have been in education) you will no longer be able to make a claim for IB(Y). You can claim normal IB if you have paid enough National Insurance contributions through your employment.

You must have been incapable of work for a qualifying period of 28 weeks before you claim. These 28 weeks can start before your 16th birthday. You can claim when you are aged 20 (or 25), as long as your 28-week qualifying period starts before you turn 20 (or 25).

IB is paid at different rates depending on how long you have been claiming it.
• When you first claim, you will receive a lower rate of IB.
• After you have been claiming for 52 weeks (28 weeks if you get the high-rate care component of DLA), you will receive the long-term rate.

IB is not means-tested, so it is generally not affected by any savings or other income you or your partner have. For more information, see our factsheet Benefits and incapacity for work. For more information about the other benefits you may be entitled to, see our leaflet Free services.

How full-time study affects your IB

You can’t usually get IB if you are under 19 and in full-time education. Under IB rules, full-time education means 21 hours of classes or supervised study a week. However, if you attend classes for fewer than 21 hours, you can still get IB. Don’t count breaks, free periods, private study or homework when working out your hours of study.

Don't count any hours that are adapted because of your disability or deafness. These include lessons that use special teaching methods or extra lessons that are to help with your studies such as speech, language development, literacy or basic numeracy. You should still qualify for IB even if, ‘on the balance of probabilities’, your ‘suitable’ hours are fewer than 21 a week. Your IB is not affected if you are 19 or over and studying full-time.

What if I am not entitled to Incapacity Benefit (IB)?

If you can’t get IB – for example, because you are under 19 and in full-time education – you may be able to claim Income Support (IS) instead. The means-tested benefits you may be able to get if you are a disabled student in full-time education include:

You must meet the basic rules for these benefits and have a low enough income. Most people who are in full-time education can’t claim these benefits, but if you are deaf you can claim if you are a registered as a disabled student.

Are you a disabled student in full-time education?

In higher education, the Department for Work and Pensions (DWP) will look at how your college or university describes your course to help them work out if it is full-time or part-time. If you are in further education, they will normally look at the total number of hours of study, including lectures, seminars, taught lessons and recommended hours of private study. Whether you are in full-time or part-time further education depends on your age and what country you are in.

You are in full-time further education if you are:

For HB or CTB, the 16-hour rule applies for all ages. Your student welfare adviser or disability adviser can tell you whether your course is full-time or part-time. You are a disabled student if you:

Income Support (IS)

IS is a means-tested benefit that brings your income up to a basic level. If your IB is less than your IS entitlement, you may receive both benefits. Your IS entitlement will usually be more than your IB when you first claim, but you can’t claim IS if you have savings of over £16,000, and any savings you have over £6,000 will affect the amount of benefit you receive. If you are living with a partner, their income and savings usually affect the amount of IS you receive. Most loans and grants will affect the amount you receive (see ‘How does student funding affect means-tested benefits?’).

Pension Credit

If you are over 60, you can claim Pension Credit rather than IS. This will not be affected if you are a student. Student loans and grants are not taken into account for Pension Credit.

Housing Benefit (HB)

HB is for people who pay rent or boarding charges for where they live, including those in university or college accommodation. Full-time students cannot normally claim HB, but disabled students, and students in full-time further education who are under 19, or aged 19 if they start the course when they are under 19, can.

Council Tax Benefit (CTB)

If you live in a student hall of residence or in accommodation that is only occupied by students, you do not have to pay council tax. If you live with people who are not students, normally they have to pay the council tax, and you are exempt from paying. In some cases, for example, if you own your home and rent a room to someone who is not a student, you will have to pay council tax even though you are a full-time student. In this circumstance, you may be able to get CTB if you are a disabled student in full-time education.

For more information on Housing Benefit and council tax, contact the Benefit Enquiry Line (BEL). Also look at Skill’s leaflet "Housing Benefit and Council Tax Benefit for Disabled students". See Skill’s contact details.

How does student funding affect means-tested benefits?

Student loan

Even if you do not take out a loan, the amount of loan money you could get if you applied is taken into account. Sometimes your parents or spouse (your husband, wife or partner) may be expected to make a contribution towards your loan. If they are unable or unwilling to make the full contribution, then, as a disabled student, only the actual contribution you receive is taken into account. If you do get a student loan, a set amount for travel and study and a further £10 a week is not taken into account. Parents’ learning allowance payments from the Department for Education and Skills (DfES) are disregarded in full.

Career development loan (CDL)

If you are claiming benefits, talk to your benefit office before you apply for a CDL. Receiving a CDL may affect your benefit entitlement, so you may need your loan to cover living expenses too.

Disabled Students’ Allowances

If you receive Disabled Students’ Allowances they do not count as income for means-tested benefits.

Other student funding

Most other grants and bursaries are taken into account as income, although a special support grant is disregarded. If you do not have a student loan, then an amount for travel and study will be disregarded from your grant / bursary. Education Maintenance Allowances (EMAs) are ignored.

Access or hardship funds

These may be paid on a one-off or on a regular basis:

If your IS/HB is reduced or stopped because of your student funding, claim for them again during the summer holiday when your loans and grants usually do not count as income.

For more information on student funding, contact Skill or the National Union of Students (NUS).

Effect of other income on means-tested benefits

Most other income that you have is taken into account – for example, income from employment (with up to £20 a week disregarded) and income from other benefits (DLA / AA are disregarded). Regular charitable and voluntary payments do not affect your benefits, but lump sum charitable and voluntary payments for living costs may affect your benefits if they take your savings to over £6,000.

What if I live in a residential school?

If you live in a residential school or college, and your accommodation costs are met by public funds, then your benefits may be affected. Get specialist advice if you are living in a residential school or college.
 
‘Public funds’ means money from a government agency such as:

Your DLA care component may stop after 28 days if you are living in a residential school. The mobility component is not affected. You can still be paid DLA care component for any days you spend back at home, such as holidays, half-terms and weekends. So for each day you spend at home, you get one-seventh of the weekly rate.

If you claim benefits in your own name and you live at a residential school or college, your IB and IS should not be affected. If your parents claim benefit for you, their benefits may be reduced.

International students

If you are an international or European Union (EU) student, you are probably not eligible for student grants and allowances. However, you are still entitled to support under the Disability Discrimination Act (DDA). For more information about grants and allowances available to international and EU students, contact:

See below for contact details.

Where can I get further information?

Benefit Enquiry Line (BEL)

Free advice line run by the Department for Work and Pensions (DWP).

Telephone: 0800 882 200
Textphone: 0800 243 355
Monday-Friday, 8.30am-6.30pm, Saturday, 9am-1pm.

Northern Ireland: Telephone: 0800 220 674
Textphone: 0800 243 787
Monday-Friday, 9am-5pm.

Connexions

Advice and guidance service in England for all 13-19 year-olds. There are many local Connexions services – look in the phone book for your nearest office or ask your form tutor at school.

Telephone: 080 800 13219
Textphone: 08000 688 336
Connexions website (external link, opens new browser window)

Department for Children, Schools and Families (DCSF)

Information about further education.

Department for Children, Schools and Families (DCSF), Sanctuary Buildings, Great Smith Street, London SW1P 3BT
Telephone: 0870 000 2288
Textphone: 01928 794 274
Fax: 01928 794 248
Email: info@dcsf.gsi.gov.uk
DCSF website (external link, opens new browser window)

Department for Employment and Learning (Northern Ireland) DELNI

DELNI can advise you about student support in Northern Ireland and give you the address of your local education and library board.

DELNI, Adelaide House, 39-49 Adelaide Street, Belfast BT2 8FD
Telephone: 028 9025 7777
Textphone: 028 9025 2363
Fax: 028 9025 7778
Email: del@nics.gov.uk
DELNI website (external link, opens new browser window)

Directgov

Online government service containing information on a range of topics including travel safety, parental leave, special educational needs, NHS services and benefits. It has useful links for many government agencies.

www.direct.gov.uk

Education Maintenance Allowance (EMA)

See the following websites for more information on the EMA.

Equality Commission for Northern Ireland

Responsible for combating discrimination and promoting equality in Northern Ireland.

Equality Commission for Northern Ireland, Equality House, 7-9 Shaftesbury Square, Belfast BT2 7DP
Telephone: 02890 500600
Textphone: 02890 500589
Fax: 02890 248687
Email: information@equalityni.org
Equality Commission for Northern Ireland website (external link, opens new browser window)

The Family Fund Trust

Information and support for families with disabled children.

The Family Fund Trust, PO Box 50, York YO1 9ZX
Telephone: 0845 130 45 42
Textphone: 01904 658 085
Fax: 01904 652 625
Email: info@familyfundtrust.org.uk   
Family Fund Trust website (external link, opens new browser window)

Learndirect Scotland

Offers help on courses, learning opportunities and how to get funding.

Telephone: 0808 100 9000
Learndirect Scotland website (external link, opens new browser window)

Local education authorities

You will find the contact details for your local education authority at www.dcsf.gov.uk/leagateway/ or look in the telephone directory.

National Assembly for Wales Training and Education Department

Information about education in Wales.

National Assembly for Wales Training and Education Department, Cardiff Bay, Cardiff CF99 1NA
Telephone: 029 2082 5111
Nathional Assembly for Wales Traniing and Education Department website (external link, opens new browser window)

The National Deaf Children’s Society (NDCS)

Supports all deaf children, young deaf people and their families in overcoming the challenges of childhood deafness.

NDCS, 15 Dufferin Street, London EC1Y 8UR
Information Line: 0808 800 8880
Textphone: 0808 800 8880
Fax: 020 7251 5020
Email: helpline@ndcs.org.uk   
NDCS website (external link, opens new browser window)

National Union of Students (NUS)

Represents the interests of around five million students in further and higher education throughout the UK by providing information and advice for students and students’ unions.

NUS, 2nd floor, Centro 3, Mandela Street, London NW1 ODU
Telephone: 0871 221 8221
Textphone: 020 7561 6577
Fax: 0871 221 8222
Email: nusuk@nus.org.uk   
NUS website (external link, opens new browser window)

The Student Awards Agency for Scotland (SAAS)

Financial support for students in higher education living in Scotland.

SAAS, Gyleview House, 3 Redheughs Rigg, Edinburgh EH12 9HH
Telephone: 0845 111 1711
Fax: 0131 244 5887
SAAS website (external link, opens new browser window)

Scottish Funding Council

Information on further education colleges and FE student support in Scotland.

Scottish Funding Council, Donaldson House, 97 Haymarket Terrace, Edinburgh EH12 5HE
Telephone: 0131 313 6500
Email: info@sfc.ac.uk   
Scottish Funding Council website (external link, opens new browser window)

Skill: National Bureau for Students with Disabilities

Information and advice for disabled students.

Skill, Chapter House, 18-20 Crucifix Lane, London SE1 3JW
Telephone: 0800 328 5050
Textphone: 0800 068 2422
Fax: 020 7450 0650
Tuesday 11.30am-1.30pm, Thursday 1.30pm-3.30pm
Email: info@skill.org.uk 
Skill website (external link, opens new browser window) (see website for contact details for Skill Scotland, Northern Ireland and Wales)

UKCOSA: The Council for International Education

Help and advice to international students studying in the UK and to UK students studying abroad.

UKCOSA, 9-17 St Albans Place, London N1 0NX
Telephone: 020 7288 4330
Fax: 020 7288 4360
UKCOSA website (external link, opens new browser window)

Further information from RNID

RNID Information Line offers a wide range of information on many aspects of deafness and hearing loss. Contact us for further copies of this factsheet and the full range of RNID information factsheets and leaflets.

RNID Information Line

19-23 Featherstone Street, London EC1Y 8SL
Telephone: 0808 808 0123
Textphone: 0808 808 9000
Fax: 020 7296 8199
SMS: 0780 0000 360 (costs vary depending on your network)
Email: informationline@rnid.org.uk   
RNID website (external link, opens new browser window)

RNID Cymru

RNID Cymru, Tudor House, 16 Cathedral Road, Cardiff CF11 9LJ
Telephone: 029 2033 3034
Textphone: 029 2033 3036
Fax: 029 2033 3035
Email: rnidcymru@rnid.org.uk

RNID Northern Ireland

RNID Northern Ireland, Wilton House, 5 College Square North, Belfast BT1 6AR
Telephone: 028 9023 9619
Textphone: 028 9031 2033
Videophone: 028 9043 8354
Fax: 028 9031 2032
Email: rnidni@rnid.org.uk

RNID Scotland

Glasgow: Empire House, 131 West Nile Street, Glasgow G1 2RX
Telephone: 0141 341 5330
Textphone: 0141 341 5347
Fax: 0141 354 0176

Edinburgh: 2nd Floor, 25 Ravelston Terrace, Edinburgh EH4 3TP
Tel/textphone: 0131 311 8522
Fax: 0131 311 8529
Email: rnidscotland@rnid.org.uk

Acknowledgement

We thank Angela Toal from CPAG in Scotland for her kind assistance with this factsheet.