Non dep and summer hols

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    We have a non dep who completes a one year course of study which ends in June 2010 . In June 2010 he receives acceptance onto a new course due to start in September 2010.

    During the summer break he does not work, we have applied a low non dependant deduction onto the claim. My question is can the non dep be classified as a student over the summer holidays?

    If he is not classified as a student can someone point me in the right direction of the reg to quote on this as I fear an appeal on its way.

    Many thanks


    For hb/ctb purposes, a student is defined as any person who is attending or undertaking:
    – a course of study at an educational establishment; or
    – a qualifying course.

    ( hb reg 53(1))

    once a course has started, a person continues to have student status from the date that course starts to date course finishes, or they abandon or dismissed from it- including all holidays during the period covered by the course.

    (HB reg 53(2))

    Therefore your non dep can not be classified as a student as his previous course has ended and with it his student status and his new status as a student can not commence until the first day of his new course.

    The only way it may have been possible to avoid a non dep deduction would have been for him to sign on for JSA and become a job seeker in the holidays- but it is clearly too late for that now.

    The only regs you can quote are those above to illustrate that he can not be treated as a student for the period between 2 seperate courses.

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