SFE Assessing Eligibility Guidance 2013/14 - Practitioners - Student ...

2013/14 HE Student Finance
Assessing Eligibility Guidance
(b) the application was made before the leave to enter or remain expired,
(c) the leave expires before the application for variation is decided.
Section 3C also sets out the circumstances in which leave can be further
extended and the circumstances in which such extended leave will come to an
end.
92. In the Department‟s view a person whose Humanitarian Protection
has been extended under section 3C of the 1971 Act could still,
potentially, satisfy the definition of a “person granted Humanitarian
Protection” as set out in regulation 2 of the Regulations. Whether
such a person is an eligible student or qualifies for any particular
type of support available for the 2013/14 academic year will of
course need to be determined in accordance with the provisions of
the Regulations, as will the amount of support, if any, payable to that
person.
93. The actual amount of support payable to the student will depend on
the date the student is granted HP. Whilst a person who was
awarded HP before the start of a course (or the family member of
such a person) will potentially be eligible for support for the whole of
that course, a person who is awarded HP after the course starts (or
the family member of a person) will be eligible for:
• Loans for living costs, Adult Dependants‟ Grant and Parents
Learning Allowance in any subsequent years of the course (and
in the quarters following the award in the year of the award,
except the quarter in which the longest vacation falls);
• Childcare Grant and Travel Grant and DSAin any subsequent
years of the course and in the quarters following the award in
the year of award, except the quarter in which the longest
vacation falls.. See the guidance chapter, “Grants for
Dependants and Travel Grants” – regarding the support
available to students who become eligible during the course.
• Maintenance grant or special support grant in any subsequent
years of the course and in the quarters following the award of
the status, (if the status was acquired within three months of the
first day of the academic year).
• Tuition fee support in any subsequent years of the course (and
in the academic year following the award of the statusif the
award is made within three months of the first day of the
academic year).
94. The Home Office have advised that SFE may send their requests to
their Evidence and Enquiries (E&E) unit by fax. SFE need to be
registered with the unit. Their telephone enquiry unit can also be
contacted. If they are unable to deal with the enquiry, SFE would
then need to contact the Immigration and National Enquiry Bureau.
Fax and telephone numbers for these units can be obtained by email
at ssin_queries@slc.co.uk – Please note this is for SFE staff only.
Workers, employed persons, self-employed persons and their family
members (Paragraph 6 of Part 2 of Schedule 1 to the Regulations)
95. Directive 2004/38/EC covers the right of citizens of the European
Union and their family members to move and reside freely within the
territory of the member states.
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