non-dependant student – school holidays

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  • #39788
    tracycox
    Participant

    Hi
    We have a case where the non-dependant is a student on a one year course which finished in june 2011 and he then provided confirmation that he would be starting another course in september 2011.

    For the period between courses he is on esa conts and dla – as he is smi a deduction has not been taken for council tax benefit but the lowest deduction has been taken from the rent.

    The claimant has disputed this stating that as he is a student we should not be taking a deduction from his rent.

    Looking in the guidance it says that we should only apply a deduction for the holidays if they are working – can someone advise if we are right to apply a deduction or not for this period.

    Thanks

    #113392
    Kay_Tade
    Participant

    As it’s a new course a deduction applies. As an aside, is the DLA not for care? :~

    #113393
    tracycox
    Participant

    Hi thanks for your reply – its the non-dependant that is on dla care not the claimant.

    #113395
    Kay_Tade
    Participant

    [quote=tracycox]its the non-dependant that is on dla care not the claimant.[/quote] So no non-dep deduction applies as the non-dep has a care component. The student issue does not even arise in that cass.

    #113399
    chris harvey
    Participant

    There is no exemption from a non dep charge on the basis of a DLA award. Only if if the claimant or partner gets DLA Care.
    The student status is only present from the day the course starts to the day the course ends so I think a HB charge is correct in the gap between courses.

    #113421
    Andy Thurman
    Keymaster

    Agree deduction applies – this is almost certainly one of those cases where the entitlement to a “Conts” based award perversely affects things. I suspect that without that they’d be on ESA(IR) – at same rate – and assuming under 25 no deds would then apply. Any money left in your DHP pot?!?

    #113422
    Kay_Tade
    Participant

    [quote=Kay_Tade][quote=tracycox]its the non-dependant that is on dla care not the claimant.[/quote] So no non-dep deduction applies as the non-dep has a care component.[/quote] Doh!! S)

    Quite right there will be a deduction. Not sure where I was when I replied[Read it as, claimant on dla care, don’t ask me why]. Apologies.

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