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

2013/14 HE Student Finance
Assessing Eligibility Guidance
course of study then the worker status is merely ancillary
and the applicant would not be eligible for support.
However, it is not the intention of the person concerned that
is important but objective factors related to the employment.
Whether the sum paid is a market rate. For example, if a
person is employed full-time at a market rate this would be
an indication that their employment was not ancillary to their
studies. This does not mean that a person must be
employed full-time at a market rate in order to be a worker,
but employment at less than market rate, or where the
employer is a family member or friend for example, may be
an indicator of whether the employment is genuine.
The number of hours worked/whether the work is the
predominant activity. Whilst a worker can employed on
either a full-time or part-time basis and still be classed as a
worker in cases where only a limited number of hours are
worked this may be an indication that the employment
activities are purely marginal and ancillary. In the opinion of
the Advocate General in the case of Grzelczyk:
“…the holding of occasional „student jobs‟ will scarcely
satisfy those criteria. It is indeed conceivable that a degree
of alternation between study and occupational activity might
be taken into account in assessing the criteria „marginal and
ancillary‟. In those circumstances, the criterion against
which the occupational activity would have to be measured
might be whether the vocational training was predominant.”
117. The Department is of the view that employment which is unlawful is
unlikely to be able to satisfy the test of being effective and genuine
employment. For example, A8 nationals who have not registered
their employment in accordance with the Workers Registration
Scheme will not be considered to be genuine and effective
employment and thus will not be eligible for maintenance support for
any period during which their employment has not been properly
registered. Please note that the A8 Worker Registration Scheme was
discontinued from 1 st May 2011. By then the A8 countries were in the
EU for over seven years and their nationals enjoy the same rights as
those of established EU member states. As the scheme only
required people to register if they were working for longer than one
month, the practical abolition of the scheme was effective from 1 st
April 2011.
Family members of EEA migrant workers, EEA frontier workers, EEA frontier
self-employed persons, EEA self-employed and Swiss employed persons,
Swiss frontier employed persons, Swiss frontier self-employed persons or
Swiss self-employed persons
118. The family members of an EEA or Swiss migrant worker (as defined
in Schedule 1) are eligible for support on the same basis as the
migrant worker himself or herself. The nationality of the family
member is not relevant.
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