[2024] UKUT 305 (AAC)

The Appellant submits that the First-tier Tribunal’s decision undermines the Welsh Government’s legitimate policy decision to ‘lessen the financial impact on students by issuing a non repayable grant first which can be topped up by a maintenance loan if the student chooses to apply’. If the Secretary of State considered that this policy goal was inconsistent with Universal Credit policies, she could have amended the Universal Credit Regulations 2013, which were made five years before the Welsh Government’s student finance regulations, but has not done so. The Appellant also argues that Student Finance Wales guidance supports her case.

The Appellant took out the maximum student loan available to her. However, the Welsh Government Learning Grant was issued to the Appellant first and she then ‘topped up’ her financing by way of a student loan. The Appellant’s grant income should have been entirely disregarded in the Universal Credit income calculation because regulation 68 of the 2013 Regulations requires grants to be ignored in full unless they meet specific criteria. There is no evidence that any part of the Appellant’s grant satisfied these criteria. The Appellant cannot therefore understand why only part of her grant has been disregarded.