HC Deb 23 March 1995 vol 257 c339W
Ms Short

To ask the Secretary of State for Social Security how many private hours of study should be included by adjudication officers when calculating the 21–hour rule; what counts as private study to be included in the total number of hours studied; when and where the rule about private hours was established; and if he will make a statement. [15157]

Mr. Roger Evans

A course, for the purpose of the 21-hour rule, is defined in regulations as including time spent receiving instruction of tuition, undertaking supervised study and other course requirements, which does not exceed 21 hours a week. A social security commissioner in a decision dated May 1990, held that, for the purpose of this rule, supervised study can include work set by a supervisor and done privately by the student in his own time.

Decisions on income support, including the 21-hour rule, are the responsibility of the independent adjudication officers who apply the law and case law taking into account the fact of each individual case.

Ms Short

To ask the Secretary of State for Social Security if participants in training for work or community action who are unable to get jobs after they leave their scheme can immediately take advantage of the 21–hour rule and take up part-time places on education or training courses and retain their right to income support; and if he will make a statement. [15156]

Mr. Roger Evans

One of the qualifying conditions for the 21-hour rule is that immediately before the start of the course the claimant was in receipt of income support, unemployment benefit or sickness benefit for three months. People who have completed the learning for work scheme or the community action programme have to satisfy the normal qualifying conditions before they can take advantage of the 21-hour rule concession. Those who receive an element of income support during their participation will be treated in the same way as other income support recipients. The three months in receipt of a qualifying benefit required under the 21-hour rule can therefore include time spent in either scheme.