Reply To: A Bit of a Tricky One

Julian Hobson

As far as IS goes (reg21) if he is considered as part of the household his income would be included in the assessment of IS BUT the calculation would not include him for the purposes of the applicable amount. If DWP don’t include him because of the no recourse issue and fail to include his income (if he has any) then their assessment is wrong and it wouldn’t be the first time.

If they accept he doesn’t earn anything and don’t include him then the assessment is right.

There is a further complication with the temporarily abroad stuff in reg 21 (sched7) and I’m not qualified to comment on that where the person temporarily absent is working.

Looks like you need to liaise with your local office and possibly question the assessment if you think its wrong.