Who counts as a full-time student
You count as a
‘full-time student’ if you are ‘attending or undertaking a full-time course of study at an educational establishment’.
1Reg 61(1), definition of ‘full-time student’, IS Regs There are two definitions of ‘full time’ that apply: the first covers mostly courses of advanced education; the second covers most courses of non-advanced education.
•Advanced education.
Your course is full time if it is classed as full time by the institution. If the institution describes the course as full time, you need convincing evidence to persuade the DWP otherwise, bearing in mind that what matters is the course itself rather than the hours you attend.
2R(SB) 40/83; R(SB) 41/83 This definition covers all courses of advanced education funded, in whole or in part, by the government, and any courses of non-advanced education that are not wholly or partly funded by the government at a further education (FE) college.
•Non-advanced education.
Your course is full time if it involves more than 16 hours a week classroom or workshop learning under the direct guidance of teaching staff.
3Reg 61(1)(c), definition of ‘full-time course of study’, IS Regs What matters is the number of hours specified in a document signed by the college. This is often called a ‘learning agreement’, but your college may refer to it by some other name. This definition applies if you are at an FE college, not undertaking a higher education course and your course is fully or partly funded by the government.
Sandwich courses
You count as a full-time student if you are on a sandwich course. A
‘sandwich course’ is made up of alternate periods of work experience and full-time study at college or university, where the study periods add up to at least 18 weeks in the year.
4Reg 61(1), definition of ‘sandwich course’, IS RegsWork experience includes periods of employment abroad for modern language students whose course is at least half composed of modern language study.
Initial teacher training courses are not treated as sandwich courses.
Modular courses
A
‘modular course’ is one that is made up of two or more modules and you are required to do a certain number to complete the course.
5Reg 61(4) IS Regs If you are attending or undertaking part of a modular course that is full time according to the rules described above, you are regarded as being a full-time student for the duration of that module, from the day it begins until the last day of registration on the module (or earlier if you abandon the course or are dismissed from it). This includes all vacations during the module on which you are registered and, except for the final module, the vacation immediately following it. It also includes periods when you are attending the course to do re-sits. If the modular course allows you to undertake some modules on a part-time basis, you are not excluded from IS while you are studying part time.
Postgraduates
If you are a postgraduate, the law is not clear on whether you still count as a student during the period at the end of your course when you are writing up your thesis. DWP guidance says someone is ‘not a full-time student during the period after the end of the course when they are expected to complete any course work’.
6Vol 6, para 30238 DMG If you are refused IS, consider appealing. You could try arguing that you are no longer attending or undertaking a course.