Reply To: Non-dep student away and room level


I agree with St Albans. Reg 7(3) has been there since the beginning, when there was nothing to stop full time students from getting HB. The purpose of Reg 7(3) was to stop Councils from refusing HB to students on the grounds that their normal home was with their parents. Nowadays, that kind of student almost never escapes Reg 56 and so Reg 7(3) is hardly ever used.

But does it follow that a student who is treated as not liable to pay rent by Reg 56(1) must therefore be living normally with their parents? I am not sure … I think Reg 7(3) was intended to be a belt and braces provision to ensure that Councils did something that would have been correct anyway, with or without Reg 7(3). There is also Reg 55, which deems a student not to be occupying their term-time address during the summer if they have gone back “home” to their parents. This suggests that the natural conclusion in the absence of Reg 55 would be that a retained address spanning different academic years is where the person lives for the time being.

Is this one of those situations where it might be helpful to look at the Council Tax position on the term-time address? Does it have exemption on the basis that all of its residents are students?