16 Hour Rule - Give Us A Chance Campaign
Given the right skills, resources and opportunities, any young person can attain relevant qualifications, fulfilling their maximum potential. They can increase their chances of getting a job that will provide them with further training, the opportunity to develop a career and gain higher-level skills or go to university.
Many vulnerable young people, whether they are homeless, living in Foyers or elsewhere, have often, for reasons beyond their control, missed the crucial years of schooling. They find themselves lacking the necessary qualifications for sustained employment and then more than often falling further behind.
Five years ago, the Foyer Federation's then Chief Executive, Carolyn Hayman, was struck by the sheer number of people she was meeting across the country who were being forced to give their education due to the limitations posed by the housing benefit regulations, known as the 16 hour rule.
In an attempt to draw attention to the barriers facing young people when trying to access learning and training, the Foyer Federation launched their campaign, Give us a Chance in November 2005.
What is the 16 hour rule?
It was once the case that a young person in full time further education over the age of 19 years could not, under the Housing Benefit Regulations, claim benefit. This in itself appears not only unfair but also completely hinders any possibility of hope for those left furthest behind.
The Foyer Federation's first proposal was under the ‘Second Chance EMA' - the EMA is the Education Maintenance Allowance offered to young people to offer them a supplementary income whilst they study full time. Having met no success with this approach, the Foyer Federation changed tactics and involved some of the Foyer residents whose experiences had initially inspired the campaign.
Bringing the issues home to the Minister
The Foyer Federation arranged a meeting with the then Department of Work and Pensions Minister, James Plaskitt MP. Foyer residents were able to articulate their views and experiences, really bringing the message home to the Minister.
James Plaskitt MP was particularly struck by their personal experiences and as a result of the meeting became a champion of this issue. He commented:
"Listening to the young people at Foyer gave me a greater understanding of the impact of the 16 hour rule. Their personal experiences will be invaluable as we review this part of the benefit system."
Success
Through persistent campaigning, the Foyer Federation were able to secure a commitment to reform the rule in the White Paper in late 2007, with an announcement by Gordon Brown. Following on from this, the Welfare Reform Green Paper was published in July 2008 proposing the 16 hour rule be suspended for those under the age of 21.
11 March 2009 marked a milestone as the amendments to the Social Security (Miscellaneous Amendments) Regulations (SI 2009/583) were introduced before Parliament.
The Department of Work and Pensions have now issued a circular for the attention of all Housing Benefit and Council Tax Benefit staff which states that young people up to the age of 21 are entitled to benefit whilst studying full time providing the course began before the person reached 19 years.
Do we stop now?
The answer is no. The Foyer Federation is committed to its holistic ethos of provisions being based on ‘stage not age'. Whilst we welcome the efforts made to reform the regulation, we have a long way to go, particularly for those young people commencing further education after they turn 19.
Department for Work and Pensions circular - Housing Benefit and Council Tax Benefit Circular