Special circumstances

For some students there are special circumstances that justify an extension to the 92/120/200 week limit for Student Allowance.

The 'special circumstances' exception provides discretion to make an entitlement decision based on the intent of the regulation, the limitations of the wording of the regulation, and the facts of the particular situation.

When assessing whether or not special circumstances exist, it is important to ensure that the circumstances relate to the student's individual situation and that supporting evidence is provided.

Special circumstances are very limited in scope and normally only apply to situations where personal circumstances do not allow a student to complete their study within the 92/120/200 week limit. These personal circumstances would generally not be able to be anticipated by the student and would be beyond their control. For example there has been an illness, injury, accident, bereavement, or personal difficulty that has prevented the student completing their study programme within the 92/120/200 week limit.

For study starting on or after 1 January 2013, this provision was narrowed to exclude any changes to the Student Allowances Regulations from being included as a special circumstance.

Students approved an extension under the special circumstances provision for study prior to 1 January 2013 retained their eligibility to the extension after 1 January 2013.

Students granted an extension under the special circumstances provision are not subject to the aged 40 and over restriction that applies to the 120/200 week limits, or the aged 65 and over restriction. This means that an extension can be approved beyond those restrictions.

There may be situations when for example a student has been granted an extension because of failure for reasons beyond their control, and then subsequently they need a further extension due to special circumstances that affected their ability to study during the extension period.

A student can be granted a further extension under the 'special circumstances' provision provided the special circumstances relate to the study undertaken during the extension period.