Reply To: How long is temporary?


I had a query recently from a CAB advisor about temporary absence for non-deps.

She asked if a claimants student non-dep lives away from home during term time but returns for holidays, where does the non-dep “normally reside”? The advisor was wondering about the rent officer considering over-accomodation.

Although the non-dep was away from the claimants home for 35 weeks a year I said the non-dep normally resided with the claimant as a) The non-dep considered “home” to be with his Mum and b) the halls of residence cannot be considered to really anyones “home”.

So far, so good. However I was then asked what if the non-dep took a gap year and took off to see the world. Where would the non-dep normally reside?

My answer was based on the 13 week rule absence rule (although I can’t back it up under specific regulations). I said if a non-dep would be absent for more than 13 weeks they didn’t normally reside with Mum.

Mum would therefore be over-accomodated.

Was I right or does anyone have other ideas?