Who can get income support
If you are aged 16, 17, 18 (or, in some cases, 19 – see above), and in relevant education, you are eligible for IS if you are in one of the following groups.1Reg 13(2) and Sch 1B para 15 IS Regs •You are an orphan and no one is acting in place of your parent. You do not qualify if, for example, you are living with a foster parent or being looked after by the local authority.
•You must live away from your parents or anyone acting in their place because you are estranged from them. Decision makers should believe you if you say you are estranged unless there is a doubt, in which case a decision maker may seek further evidence.2Vol 4, para 20686 DMG It is possible to be estranged from a parent even if you do not both feel the same way about it.3CIS/4096/2005 •You must live away from your parents because there is a serious risk to your physical or mental health, or because you are in physical or moral danger. Decision makers are advised to accept your own evidence of physical or moral danger unless there is stronger evidence to the contrary.4Vol 4, para 20693 DMG •You are living away from your parents and anyone acting in their place, they cannot support you financially, and:
◦they are chronically sick or physically or mentally disabled; or
◦they are in prison; or
◦they are not allowed to enter Britain.
•You are a parent and your child lives with you.
•You are a refugee learning English in certain circumstances (see here). •You have left local authority care and you have to live away from your parents or anyone acting in their place. However, 16/17-year-old care leavers normally get financial support from the local authority social work department, and you cannot get IS in relevant education unless you are a lone parent.5Reg 2 C(LC)SSB(S) Regs
Examples
Pete is 17 and studying cookery full time leading to a National Certificate. His father is in prison and his mother is chronically ill. Neither of them can support him financially and he does not live with them. He is eligible for IS.
Ginny is 18 and studying information technology for a National Certificate. She is the mother of a two-year-old child and they both live with Ginny’s parents. She is eligible for IS.
Ahmed is 18 and studying full time for Highers. He is a refugee whose parents live in Somalia. It would be dangerous for him to return home. Ahmed is eligible for IS.
Kelly is 16 and studying full time for Highers. She has lived on her own since her father told her to leave home. She is estranged from both her parents. She is eligible for IS.
Laurie is 17 and has left local authority care. She is undertaking a full-time SVQ in beauty therapy. She is a lone parent and so is not excluded from IS as a 16/17-year-old care leaver.
Once you reach your 20th birthday, you are no longer classed as being in ‘relevant education’ and cannot get IS under these rules. You may be able to continue to get IS as a full-time or part-time student, but only if you are in one of those groups who are eligible (see here and here). In particular, your claim for IS may be able to continue if you are under 22 on a non-advanced course and without parental support – ie, you are in one of the first four groups in the list above.
If you cannot get IS, you may be able to claim UC instead. Otherwise, you may need to contact your college for discretionary financial assistance.