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Top Housing Benefit & Council Tax Benefit topic #5105

Subject: "Non dependant deduction for son in army" First topic | Last topic
Alison Morgan
                              

Welfare Rights Officer, Gloucestershire Housing Association
Member since
21st Jan 2004

Non dependant deduction for son in army
Fri 22-Jun-07 02:52 PM

Can anyone confirm whether a non dep deduction ought to me be made for an adult son who has left home to join the army? My first thought was that his 'home' would now be in forces accommodation, but as he will still occasionally return home on leave, could he be treated as merely 'working away'? Also would there be any distinction according to whether he had 'signed on' for service or was still doing basic training?

I'm sure I've seen something somewhere about this but can't put my hands on it so if anyone can help that would be great.

  

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Replies to this topic
RE: Non dependant deduction for son in army, stainsby, 22nd Jun 2007, #1
RE: Non dependant deduction for son in army, Alison Morgan, 25th Jun 2007, #2

stainsby
                              

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

RE: Non dependant deduction for son in army
Fri 22-Jun-07 06:42 PM

I think what you are referring to is Doncaste BC v Stark 5 November 1997. that case was concerned with whther or not corporal Stark had his sole or main residence in the baracks or the home he owned jointly with his wife.

Mr Justice Potts held that Corpaoral Starks main residence was with his wife, but I dont think that case is relevant to non dependants because Coroporal stake was paying a mortgage on the property, had furniture there and was effectvely maintianing it as a home along with his wife.

A non dependant who returns home only occaisonally does not have a centre of interest in the same way as did Corporal Stark. Corporal Stark had not left his wife, but the alleged non dep will have left his parents to start his own independent life in the world. It cant be said that he is normally residing with his parents

  

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Alison Morgan
                              

Welfare Rights Officer, Gloucestershire Housing Association
Member since
21st Jan 2004

RE: Non dependant deduction for son in army
Mon 25-Jun-07 08:42 AM

Thanks Stainsby, that's really helpful.

  

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Top Housing Benefit & Council Tax Benefit topic #5105First topic | Last topic