Looking for some assistance please on an appeal I have received.
Claimant is Romanian. He has a Romanian partner who is a student but has no children. He entered UK November 2009. Became a student 16 hours per week on an English for Speakers of Other Languages course. He has a Registration Certificate (granted May 2010) allowing him to work for 20 hours per week. He commenced work September 2010 for 16 hours per week. At some point before his HB claim his study time on his course has reduced to just 4 hours per week.
He has been refused HB prior to April simply on the grounds that he is a student from abroad. I am now looking to reconsider that decision and refer to tribunal if necessary.
I am trying to get my head around whether he does count as a “student” if it is only 4 hours per week, and whether the change in his student hours affects his registration certificate and it should be disregarded.
I would be grateful for advice on whether we should be paying HB and if not some pointers as to the relevant regulations I would need to be highlighting in my appeal response for tribunal.
Thank you.