Can anyone help with what test to apply to establish a non-deps normal home apart from what is already on the HB Guidance manual A5.164
Our cliamant has a student daughter who attends university in East Anglia. Last Sept he told us she had moved out and benefit was superseded. However he has just realised that the loss of this occupier has reduced his eligible rent and now wants her included in the household. His reasons are that she lives in halls of residence and therefore has no home in the summer. She comes back to the family home in Devon for frequent weekends and when she is sick. Her possessions and room is still in the family home and her bank uses that address. She is on the electoral register at the family home and the LEA grant show the family home address, he seems to imply that she would not get her grant unless the family home was her place of residence.
We decided that it was not her normal home as she could not reasonably be a resident and still undertake the period of study also the fact the the claimant considered that she had left last sept and now feels she has not when additional benefit may be available if she is an occupier. We would be prepared to count her as an occupier during the summer vacation but not term time.
Any advice for regs, case law or other guidance?
Thanks.
Trina. 😕
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