Non-Dep students in the household of claimant’s 65+

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  • #20343
    Anonymous
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    Just having a dispute amongst colleagues and looking for some clarification (have also e-mailed DWP but no response as yet!).
    Is Reg 63 (7)(dd) really saying that no- non dep deduction is taken in the respect of full-time students who take remunerative work during the summer vacation if the claimant/partner are over 65? (26 week deferral issues aside).
    That’s how it reads but I can’t quite believe I missed it so I would be very grateful for opinons.

    #2779
    Anonymous
    Guest

    Having had a mini-discussion in our office we think that you would not take a deduction if the student worked during the summer and the claimant/partner were 65+. Seems likely, as this reg was amended when pension credits were brought in, but I am happy to be corrected if someone else disagrees!

    #2780
    Anonymous
    Guest

    As J Underwood says, this subpara was inserted in October 2003. I don’t think it was widely advertised because, the way I understand it, it’s not a free-standing provision: it’s a consequential amendment to dovetail with the 26 week rule (or the anniversary date as it was going to be at that time). Since the recognised summer vacation is unlikely to last for as long as 26 weeks, a student non-dep’s summer job would in practice be immaterial: they would be back at college before the 26 weeks were up, so you might as well just say there is no non-dep charge for a student in a 65+ household, ever. I would guess that’s the reason: it saves you the bother of verifying the earnings, setting up a 26-week change point, then not usiong after all – waste of time.

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