ESA(IR) and non dependant deductions

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  • #31878
    Anonymous
    Inactive

    I have had a bit of an “altercation” with a claimant and her daughter over non dependant deductions…..

    The daughter is aged 18 and has moved from ESA(IR) assessment phase on to ESA(IR) main phase and she has been told by everyone (JCP basically) that there should not be any non dep deductions in this case.

    The way that I read the non dep decuctions in circ A2/2010 it looks to me like a £7.40 per week deduction from HB [b:8f97c6d3a7][i:8f97c6d3a7]is [/i:8f97c6d3a7][/b:8f97c6d3a7]applicable in this case but I am now doubting myself and just need some “reaffirmation”from someone before I go back to the claimant (and JCP) with all guns blazing and make a complete numpty of myself…
    Thank you 😳

    #89127
    Kevin D
    Participant

    [b:afbcc6f9f9]HBR 74(8 )[/b:afbcc6f9f9] – it depends on whether the non-dep gets the support component or the work-related activity component; or neither.

    #89128
    Anonymous
    Guest

    Yes – there is a £7.40 deduction from HB only (not from CTB). This is because main phase ESA is paid at the same rate irrespective of the claimant’s age – the lower rate for younger claimants does not apply in the main phase. This removes the policy justification for exempting under 25s from a non-dep deduction – they have the same money as a 25+ non-dep on main phase ESA so they should also have to cough up the same non-dep contribution.

    In CTB, there are no deductions at all for any non-dep on any rate of any DWP means-tested benefit at any age – ESA included.

    #42087
    Anonymous
    Inactive

    Thanks to you both – does this mean that it doesn’t matter whether the ESA(IR) contains the “support” or “work related” compnenets and that the deduction applies to HB in both cases?

    #42088
    Anonymous
    Guest

    Yes it does mean that.

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