LAW REPORTS : `Student' can claim income support
Chief Adjudication Officer v Clarke; Same v Faul Court of Appeal (Lord Justice Glidewell, Lord Justice Hirst and Lord Justice Hoffmann). 14 February 1995. A student who withdraws from his course during an intercalate d period is eligible for income sup
Wednesday 15 February 1995
Rabinder Singh (DSS) for the chief adjudication officer; Richard Drabble (Hansell Stevenson) for the students. LORD JUSTICE HOFFMANN said that "abandons" in the definition of student in regulation 61 was used in a sense which was final, namely the end of the course and a course which could be resumed had not been abandoned.
The Education (Student Loans) Act 1990 enabled students to obtain loans in addition to awards and grants. This made it possible to exclude most students from social security benefits altogether. One would therefore expect that a student's exclusion from social security benefits would be mirrored by his entitlement to an education award and a student loan. Otherwise there would be an anomalous class of people who for no obvious reason were left to destitution without state support of any kind. The courts should try to construe the regulations to reflect a coherent policy unless the language clearly made that impossible.
The claimant was a "student" for the purposes of the regulations while he was attending the course and he was deemed to attend the course not only during term time but also during periods of vacation within the course. He was not a "student" when his attendance at the course had been suspended by an intercalated period. Such a period could not be fairly described as a period of either term or vacation within the course.
This decision did not encourage universities to assist their students to raid the Exchequer by allowing them to "intercalate" the months between June and October each year.
LORD JUSTICE HIRST dissented. LORD JUSTICE GLIDEWELL agreed with Lord Justice Hoffmann.
Ying Hui Tan, Barrister
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