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Contents

1. Introduction
2. Legal Framework
3. Policy
4. Assessing Eligibility for Support
5. Determining the Frequency of Payments
6. Timing and Making of Payments
7. Monitoring Attendance and Withholding Payments
8. Changing Courses
9. Recovering Payments
   
   Appendix 1 - Designated Courses

1. Introduction

The purpose of this policy is to outline the Council’s payment of the Higher Education Bursary to care leavers. The bursary is paid by the Lambeth Children and Young People’s Service (CYPS). 

This document forms part of the Council’s Leaving Care and Transition Procedures. In particular the policy should be read in conjunction with the Pathway Planning and Financial Support procedures, which outline the broader scheme of support for care leavers.

The bursary has been introduced by the Government to ensure that former relevant children who go on to higher education receive additional financial support from local authorities to address the financial disadvantage they face as a result of the lack of family support. It follows widespread support in response to the Care Matters green paper to address financial disadvantage that students from care backgrounds face, as research shows that these young people finish higher education with an average of £2000 more debt than their peers. 

2. Legal Framework

The Children Act 1989 provides for the payment of a bursary to a former relevant child, that is a young person aged 18 and over who were but are no longer ‘Looked After’ by the authority. For the purpose of this policy they will be referred to as ‘care leavers’. Any care leaver who starts a course by their 25th birthday will be entitled to the bursary. 

These functions include in particular giving the care leaver financial assistance in connection with his education and training. The insertion of new subsections in section (5A) to (5C) in section 23C, add a new duty to pay a higher education bursary to care leavers who pursues higher education in accordance with their pathway plan. The bursary is payable in addition to financial assistance under subsection (4). 

The Children Act 1989 (Higher Education Bursary) (England) Regulations 2009 make provisions for the payment of a bursary by a local authority to a care leaver who is pursuing a course of higher education started on or after 1st September 2008. 

The regulations prescribe:

• That the amount of the higher education bursary to be paid is £2000 and can be paid in installments or as a lump sum
• That higher education is defined as those courses under section 22(1) of the Teaching and Higher Education Act 1998, which include first degree and equivalent higher education qualifications, both full-time and part-time courses and some courses delivered by distance learning. The new duty applies to any course that lasts for at least two academic years
• The timing of payments, and;
• The circumstances in which payments can be withheld or recovered

3. Policy

Lambeth Council will provide one £2000 bursary to each eligible care leavers for the purpose of supporting attendance at one relevant higher education course that has been commenced on or after the 1st September 2008 and in accordance with the regulations.

Eligibility for payment of the bursary will be assessed as part of the pathway planning process.  Eligibility will be verified by the care leaver providing documentation of their acceptance into the course and documentation of ongoing attendance at the course. 

Payment will be paid in cash by installment for the duration of the course, unless the care leaver is experiencing extreme financial hardship and it is decided that a one off payment would be more appropriate. Installment payments will be made in accordance with the regulations.    

4. Assessing Eligibility for Support

An assessment of eligibility for the higher education bursary will be undertaken by the care leaver’s Personal Advisor as part of the pathway planning process (See Pathway Planning Procedure).

The personal advisor will ask the care leaver to provide a copy of their offer letter from the Higher Education Institution in order to verify that the course commenced on or after 1st September 2008 and that it is a designated course. Appendix 1 - Designated Courses provides detailed list of designated courses. 

5. Determining the Frequency of Payments

The frequency of payments will be determined on a case by case basis and in consultation between the Personal Advisor and the care leaver, giving consideration to their wishes and feelings. 

Payments will be made by installment in cases where it is important to ensure that the financial support is available to the former relevant child for the duration of the course. 

As a general rule installment amounts will be determined by the length of the course and will be paid as follows:

• 2 year course =  £500 per semester
• 3 year course = £300 per semester in the first 2 years and £400 per semester in the final year
• 4 year course = £ 250 per semester in the first 3 years and one payment of £500 not more than 4 weeks after the start of the 4th year 

In exceptional cases such as in cases of severe financial need, consideration will be given to providing the bursary in a one off lump sum payment. These cases will need to be approved by the Assistant Director Looked After Children and Corporate Parenting.

6. Timing and Making of Payments

Payments will be made by the Business Support Officer in the Leaving Care Service.  Timing of payments is prescribed by the regulations and will be made as follows.

6.1 Courses commencing on or after 1st Sept 2008 and before 1st Sept 2009

• Lump sum payments must be paid before 31st December 2009
• Installments payments must be paid in the following way: 
  • 1st installment  must be paid by 31st December 2009
  • Courses of 2 or 3 years duration - final installment must be paid before the end of the final year of the course
  • Courses of 4 years duration – final installment must be paid not more than 4 weeks after the start of the 4th year

6.2 Courses commencing on or after 1st Sept 2009

• Lump sum payments must be paid before 31st December 2009 or not more than 4 weeks after the start of the first year of the course, whichever is later. 
• Installments payments must be paid in the following way:
  • 1st installment must be paid by 31st December 2009 or not more than 4 weeks after the start of the first year of the course, whichever is later
  • Courses of 2 or 3 years duration - final installment must be paid before the end of the final year of the course
  • Courses of 4 years duration – final installment must be paid not more than 4 weeks after the start of the 4th year

7. Monitoring Attendance and Withholding Payments

The Regulations provide for the withholding of payments of any unpaid balance of the higher education bursary during any period when the care leaver is not pursuing higher education in accordance with their Pathway Plan. 

If there is any dispute about attendance, the Personal Advisor will ask the care leaver to provide a letter of attendance from the Higher Education Institution. Where the care leaver has not been attending their course in accordance with their pathway plan, the Personal Advisor will make a decision about withholding payment of any unpaid balance of the bursary in discussion with the Head of Leaving Care Services. 

8. Changing Courses

Only one bursary is available for each former relevant child. In the case of a care leaver changing to another designated course, they will only be paid the remainder of the balance of the £2000 bursary. 

In the case of a care leaver changing to a non designated course, they will not receive the remainder of the bursary. 

9. Recovering Payments

In cases where payment has been made by mistake to a care leaver who was not eligible for a payment, the Leaving Care Service will seek advice from Legal Services about taking action to recover the payment. 

Appendix 1 – Designated Courses

Click here to view Appendix 1 - Designated Courses.

End