non dep – normal residence when at Uni

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  • #31753
    cawood77
    Participant

    Hi

    Wondered if anyone could help!!!
    We have a non dep who is at Uni and only returns home to his mum’s address during the holidays. The problem is where do we treat the non dep’s normal residence, as far as I am aware he doesnt claim while at Uni. The residency has a huge affect on the clt’s applicable amount (clt not entitled to HB/CTB) due to the clt receiving SDP when he is not resident.

    should we be treating the non dep resident all the time or only during the summer holiday period when potentially he has no other home except his mum’s due to ending his tenancy at the end of term.

    #88820
    Kevin D
    Participant

    See [b:207b36212c]CH/2197/2009[/b:207b36212c]. An “away” student was found to be still normally residing at her parents’ home address.

    Just an idle thought… wonder if the “away” student would still be regarded as returning “home” if HB was available to the student?

    #88821
    davo
    Participant

    we have just been doing a training session and this was covered. the botom line being if they kept some of there possessions at home and if the room was kept available for them then the 13 week rule would apply as being temp abscent.

    #41736
    Anonymous
    Guest

    [quote:176d6a9603=”Kevin D”]Just an idle thought… wonder if the “away” student would still be regarded as returning “home” if HB was available to the student?[/quote:176d6a9603]

    Judge Mesher asks himself that question and concludes, admittedly [i:176d6a9603]obiter[/i:176d6a9603], that the student could indeed be treated as occupying his own home for the purpose of his own claim while simultaneousy treated as occupying his mother’s home for the purposes of hers!

    [quote:176d6a9603]It was argued for the local authority and the Secretary of State that the deeming provisions in regulation 7(13) and (16) and (17) could not be allowed to operate for students in relation to the parental home because that would prevent students who are allowed to claim housing benefit for term-time accommodation from doing so. If they were deemed still to be occupying the parental home, the one dwelling only rule in regulation 7(1) would prevent the occupation of the term-time accommodation counting. That would not in my view be the case … I do not see why (although I stress that I am not deciding this particular point) a student should not at the same time be deemed under regulation 7(3) to be occupying term-time accommodation as the home during term time for the purposes of claiming housing benefit and also be deemed to occupy the parental home under regulation 7(13) for the purposes of a parent’s claim.[/quote:176d6a9603]

    I read somewhere once that some of Jimmy Page’s guitar solos on Led Zeppellin IV were technically unrepeatable [size=9:176d6a9603](what do you mean, “a good job”? – that’s your national heritage you are talking about!) [/size:176d6a9603]. I wonder whether4, given a blank sheet of paper and no copy of 2197/09 to use as a crib sheet, Judge Mesher could ever come up with something like that again. It is the most tortuously argued decision I have ever seen and I am not sure I have fully got my head round it yet.

    #88822
    Kevin D
    Participant

    I agree that it’s tortuous Peter. I’m also still less than convinced “2197” was correctly decided (notwithstanding it is binding until/unless further authority says differently). That said, despite the different overall circumstances, it is consistent with the line of reasoning in, for example, [b:37971a0662]R(SB) 30/83[/b:37971a0662]. On the other hand, albeit on an entirely unrelated topic, [b:37971a0662]R(SB) 21/82[/b:37971a0662] was generally followed for 20+ years until being judged to be incorrect in “[b:37971a0662]B[/b:37971a0662]”.

    So, perhaps, give it a few years to become established authority only to have it turned on its head. Er, obviously, HB/CTB will still be around then…. :).

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