Reply To: Non-dep student away and room level

#94868
peterdelamothe
Keymaster

I received a response from DWP on this issue (I am not sure it is consistent with other quotes?):

“It all comes down to membership of the family. See The Housing Benefit Regulations 2006. In part 4 – membership of the family, regulation 19 : persons of a prescribed description states that you do not include in the family a person who is:

receiving advanced education within the meaning of regulation 12(2) of the Income Support regulations (relevant education)

Regulation 12 of the Income Support regulations states (note I have not copied regulation in full, just the relevant sections):

For the purposes of this regulation ” receiving advanced education” means participating in any course (whether full time or part time) –

(a) leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a diploma of higher education, a higher national diploma….

(b) any other course which is a course of a standard above ordinary national diploma…

Basically, a person aged 19 or under can be classified as a young person and a member of the household providing they are not in advanced education. Once they move into advanced education they are no longer considered a young person and therefore are not a member of the household.

The student is not a member of the family, in other words included in the benefit assessment/determination of size criteria for the reasons outlined above. To be included in the household she needs to be defined as a young person and a person in advanced education is NOT a young person as defined by the regulation 19 – persons of prescribed description.

So, if she is not a member of the family is she a non dependant? Again the answer is no. regulation 3 – definition of a non dependant states that a non dependant is someone who normally resides with a claimant. A full-time student cannot be described as normally living with the claimant as they are away at university.

Obviously during vacations where the student returns home, they will be included within the calculation, but this is no different to pre 7.4.08 benefit rules.

I hope that this helps”.