Notional Income of Children at Boarding School

Client claims IS as IOW, with HC, HM, is also a LP. Has x2 children (no disabilities) who have obtained scholarships at separate schools around the country. DWP reviewed her pre-2004 claim and although they include an amount for the two children, they deduct exactly the same under “other money for” client.

Ive spoken to local DWP who said it is notional income, but unclear exactly how. Awaiting ring back.

Ive looked in CPAG. Nearest I can get to it is the rules contained @p965 relating to 3rd Party rules (covering notional capital but CPAG assures me the rules for income are the same). However, notional income appears not to count IF what is paid for to a 3rd party is not considered a normal living expense. The example of a school uniform is given.

The fees for each school are paid for - one appears to be from the government, the other the school awarding some sort of bursary (details sketchy at this point in time). But cl still has to pay for trips, books, etc.

My query is, is her IS amount correct? Could these payments made via the gvt/bursary be classed as income of cl or children to be taken in to account up to value of the child addition? Are they normal living expenses?

Any clarity gratefully received :)

PAW

Have a look at DM Guide Volume 5 Chapter 28 - paragraphs 28685ff - the power is in Reg 44 (2) and (3) of the IS (Gen) Regs. 

Hope this helps

Shabir

Many thanks, will look in to that!