Non-dependant deduction over summer holiday from university

Hi,

I’ve had a client with a child in full time university education. She has been informed that there will be no non-dependant deduction taken from her HB and CTB, but during the summer holiday there will be a deduction for her son.

I have had previous clients where this has been the case, but the non-dependant deduction is changed once the student returns to education and the amount is refunded. I want to know if anyone has managed to have the non-dependant deduction removed from the claim during the summer holiday and how they did it? The student is not working full time and the legislation states that no deduction should be made.

Thanks in advance.

Regulation 74(7) of HB regs 2006 is what you need, as long as the student is not in between courses (finished one and embarking on another course of study) and is not working, in “remunerative work” (Defined as 16 hrs or more a week), then no deduction applies.

Sunderland Council have told the client that they cannot consider her son to be a full time student over the summer period until they have evidence that he did return to education in September. I understand that this is not the correct approach, but they seem adamant. I think I’ll have to advise the client to appeal the decision and quote the regulations instead of having to wait until September and then having the amount backdated as they have told her.

Thanks for your reply.

Although I don’t agree at all with Sunderland’s approach as you describe it, I am not certain an appeal is the most beneficial approach for your client.

So far it would appear that they have only advised your client what is likely to happen I would be surprised if they have issued any decision. Assuming the decision is made fairly soon after the summer vacation starts (June) by the time an appeal is received, reconsidered and then passed to the C&TS; it will be mid August and then if you are lucky it will been heard in November (unless the Sunderland tribunal is unusually quick to hear cases). By then the Council will have revised the decision and the appeal would have lapsed.

I would suggest that you ask for a meeting with a manager in the service to explain your concerns instead.

I think you’re right, an appeal would be too lengthy. I’ve advised her now to write to the council to draw their attention to the Regs and to confirm that her son is in the middle of a course, not changing from one to another, and that he will not be working full time.

The council have stated in a letter last week that the non-dependant deduction will apply from July, so hopefully they will resolve it as an enquiry rather than an appeal before July.

I am in no doubt that Sunderland’s approach is wrong given the provisions of Reg 53(2) to (4) and in particular Reg 53(2)(b)

“(2) For the purposes of the definition of “full-time student” in paragraph (1), a
person shall be regarded as attending or, as the case may be, undertaking a full-time
course of study or as being on a sandwich course

(b)in any other case, throughout the period beginning on the date on which he
starts attending or undertaking the course and ending on the last day of the
course or on such earlier date (if any) as he finally abandons it or is dismissed
from it.”

I don’t see why you should not use both the appraches previously disacussed in parallel, i.e try to persuade the local manager to see sense whilst at the same time submitting an appeal.(assuming you have a negative supperseding decision to appeal against in the first place)

I have often found that submitting a carefully argued appeal can result in a Council changing its mind well before going to the hearing