Reply To: How long is temporary?


[quote:2780292ee5]they could not be said to normally reside elsewhere[/quote:2780292ee5]

To be picky, what the definition of a non-dep says is ‘normally resides [i:2780292ee5]with the claimant[/i:2780292ee5]’, which is not quite the same thing. I think situations like this really are ‘a piece of string’.

For example, a few years ago a friend of mine and his wife took in another friend and his wife whose house had been severely damaged by flooding. They stayed there for 18 months, but I would argue that at no point did they normally reside with my friend. They normally lived in their own home, and intended to go back to their own home as soon as possible. Similarly in this case, the daughter normally resides in her own home, not with the claimant, and intends to live in her new home when the sale goes through. Staying with mum and dad is a nice easy option, but it doesn’t mean that she normally resides with them. What do you expect her to do, live in an hotel?