Terms & Conditions

[J Cox]

Hi,

does easement apply when a youth turns 18 and becomes a non-dep? (or when CHB ends and then youth is already >18 ).
This may have been covered before but the latest query on this I can find dates back to 2004, so I don’t know if there’s been any development on this since. The regs aren’t exactly clear on this, as it refers to a change in the non-dep deduction, but doesn’t make it clear about if a change because of a status qualifies for this.
Any help appreciated.

Thanks,
Jess

[Darren Broughton]

The easement doesn’t apply where a dependant becomes a non-dependant.

[J Cox]

Is this DEFINITELY the case? If so, is it actually the intention.
The actual change in circs between the 2 examples is quite minor in real terms (as far as the claimant is concerned), but ends up causing a 26 week discrepancy.
The circular at the time referred to “[b:074bc3861f]any[/b:074bc3861f] change that gives rise to an increased deduction”.
In terms of the claim the change from dep to non-dep gives rise to an increased deduction.

I’m torn between the two options, mainly because not allowing easement hear seems unfair and probably was not the intention. How can then intention be for this to differ from someone turning 25? Or a person who is alreayd a non-dep turning 18?

[Anonymous]

The easement regulation/increased deduction regulation applies to non-dependants, not dependants, so if they weren’t a non-dependant beforehand, there can be no easement.

However….I wonder if one could say that a non-dep has ‘moved in’ to the household (on the day he/she changes from dep to non-dep), and thus apply the easement on that criteria…?

Should I get me coat…??

[Author]

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