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Top Housing Benefit & Council Tax Benefit topic #8279

Subject: "Non-dep deductions & GPC - disregard" First topic | Last topic
HBSpecialists
                              

Independent Housing Benefit Trainer/Appeals & Pres, HBSpecialists London
Member since
23rd Apr 2004

Non-dep deductions & GPC - disregard
Wed 29-Jul-09 02:17 PM

I have a question - I have been out of the HB game a while now so my knowledge is a bit rusty - but I have a query...

Pensioner on GPC has her daughter stay with her for 4 months - When GPC was first introduced I was under the impression that Non-deps were disregarded for the 1st 26 weeks - but I can no longer find reference to that.

Is this still the case - and if not - can someone please say when the law changed ? (and if poss the SI No. would be an added bonus!)...

Many thanks...

  

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Replies to this topic
RE: Non-dep deductions & GPC - disregard, stainsby, 29th Jul 2009, #1
RE: Non-dep deductions & GPC - disregard, HBSpecialists, 29th Jul 2009, #2

stainsby
                              

Welfare Benefits Officer, Gallions Housing Association, Thamesmead SE London
Member since
22nd Jan 2004

RE: Non-dep deductions & GPC - disregard
Wed 29-Jul-09 05:00 PM

Its still the case provided the claimant or partner have reached 65 (see Reg 59 (10-13) Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regs 2006 - SI 2006 no 214)

If your client has not reached 65, could you argue that the daughter was not normally residing with your client and so should not be treated as a non dep? (See CSIS/100/1993, CIS/14850/1996 and CH/3935/2007 for arguments)

  

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HBSpecialists
                              

Independent Housing Benefit Trainer/Appeals & Pres, HBSpecialists London
Member since
23rd Apr 2004

RE: Non-dep deductions & GPC - disregard
Wed 29-Jul-09 05:05 PM

thanks!!!

  

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Top Housing Benefit & Council Tax Benefit topic #8279First topic | Last topic