Non-dependent becoming a lodger!

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  • #43414
    Anonymous
    Guest

    Afternoon, I am currently dealing with a complaint case whereby the claimant has written in stating that his daughter that was a non-dependent is now a lodger. My initial thought is that, this is not possible. The same claimant's ex-partner has moved in to be his carer. His daughter and ex-partner are sharing caring duties. Ex-partner is also a lodger. Am I right in thinking that this is being set up in such a way to increase eligible LHA amount whilst not getting any non-dependent deduction.

    Claimant is not in receipt of any form of DLA, was in receipt of ESA(C) and both daughter and ex-partner are not in receipt of Carer's Allowance or Attendance Allowance.

    Claimant stated that he needs 24 hr care. However, he is in receipt of the 30hr element of Working Tax Credit.

    #123296
    chris harvey
    Participant

    The daughter is a member of the household and potentially could be classed as either a non dep, a boarder or a subtenant (there is no status of “lodger” in the regs). The regs in my opinion clearly state that a close relative such as a daughter must be treated as a non dep rather than a boarder or a subtenant, so the non dep charge should remain.

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