Legal Opinion?

dienbienphu

I went to my Universities registrations office last week to acquire a document stating that I was an enrolled student at the University. The lady at the registrations office said to me that she could not issue me a document stating that but could only issue me with the following;

To Whom it May Concern,

Name:______________

THIS IS TO CERTIFY THAT the above-named was a full-time registered student for 2nd year (name of course) in the session 2011/12.

Having successfully completed Summer 2012 examinations we expect him to return here in September 2012 to continue with studies in 3rd year (name of course).

Signed: (Student Records Office)

After reading the document, in my legal opinion, it clearly states that my status as a student terminates at the end of the 2011/12 academic period which is May 2012, following summer exams. This document clearly states that I am not enrolled as a full-time student at the present time.

I decided to go to the social welfare office today to claim a social welfare payment of some sort since I am not employed at the present time.

The CWO disagreed with me on the interpretation of the document I produced placing emphasis on the fact the University expected me to return in September.
I argued with her that the Universities expectations were irrelevant and argued that the document clearly states that I am not a full-time registered student. I asked her to issue me with a document stating why I had been refused a payment and asked her to produce the legislation governing the refusal. This is the document she produced;

Your application for assistance under the supplementary Welfare Allowance Scheme has been refused for the following reason(s):

Social Welfare (Consolidation Supplementary Allowance) Regulations 1995 Part V Section 19 information to be given when making a claim states:

‘’Every claimant shall furnish certificates, documents, information and evidence as may be required by the Department of Social protection for the purpose of deciding the claim’’

Full time students are disqualified from weekly Supplementary Welfare Allowance.

You are registered as a student in (name of college) in the third year of a BA. If you are not attending the third year in (name of college) you will need a clear letter from this college stating you have deferred your registration for this year or have informed them you do not intend to register for September 2012.

If you are dissatisfied with the decision you may make an appeal setting out the grounds for you appeal. Appeals should be made in writing to:

The Appeals Officer
Supplementary Welfare Allowance Appeals
Social Welfare Appeals Office
D’olier House, D’olier St
Dublin 2.

If your circumstances change you may reapply to the Higher Executive Officer.

Signed (Assistant Principal Officer)

The letter which was furnished to me by the University clearly states that I am not registered in my third year of study yet the CWO furnished a document granting my refusal stating that I am.
Just as I was leaving she informed me that if I wanted to make a claim that I had to inform the University that I do not intend to register for the third year of study or that my intentions are to defer my third year of study, (which she advised me to do). My intentions are to do neither but I am arguing that I shouldn’t have to provide them with either document since clearly, at this present time, I am not registered as a full time student and that my intentions to return to University should bear no relevance in this decision.

What are your opinions on this? I am not seeking legal advice but only seeking a legal opinion on both documents since I have nothing better to do with my time.

Procrastastudy

In your legal opinion whats the difference between legal opinion and legal advice?

NoQuarter

My opinion is you are a chancer. Everyone knows you cant get social welfare while on summer holidays from what is clearly a 3 year full time course.

Bet my hat you're a law student.

seamus

For the purposes of social welfare, you are a full-time student unless you can prove to the dept. of social welfare that you do not intend on returning to University in September.

You are considered a full-time student for the entire duration of your full-time course, including term breaks and summer holidays.

In order to claim SWA, you need to prove that you are no longer a full-time student (i.e. you will not be returning to college this September). The letter from the college basically states that they are not aware of any reason why you will not be returning to college, so in the absence of proof that you won't be going back to college, your request for assistance has been rejected.