Non Dep student/working

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  • #39483
    fayemc
    Participant

    We have an 18 year old non dependent who is a full time student and the mother is still in receipt of child benefit for him.

    We have then received evidence that he is also working part time earning £850.00 net per month.

    This is quite a high amount. However, because the child benefit is in payment do we just ignore the earnings part of it.

    I know this is a silly question but this is the 1st I have seen with a non dep student earning this much. The employer is Mecca Bingo.

    Many thanks

    #112288
    lexi
    Participant

    As far as I am aware if child benefit is being received correctly for the ND then it does not matter how much they are earning because they are still a qualifying young child.

    #112292
    Kevin D
    Participant

    If it transpires that the person is a non-dep instead of a dependant, my view would be that there is no deduction – EXCEPT possibly for the summmer vacation.

    Para 1 of HBR 74 is the default starting point which, insofar as is relevant here, says that the higher deduction applies. HOWEVER, the para contains the phrase “Subject to the following provisions of this regulation…”. On that basis, para 1 is trumped by the other paras.

    Under para 7(c ), there is no deduction for “a full-time student during a period of study within the meaning of Part 7 (Students);”.

    If the person is a full-time student NOT in a period of study, para 7(d) provides for no deduction if the non-dep “is a full-time student and during a recognised summer vacation appropriate to his course he is not in remunerative work;”.

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