Non-dependant On Maternity Leave

Please can anyone clarify - I have read the Housing Benefit Guidance Manual which states that when a non-dependant is on Maternity Leave they are treated as not in reminerative work.  My understanding is that this would mean the lowest non-dep deduction should be applied ie, £14.15 a week and any income for any source such as topped up earnings, tax credits etc is disregarded.  Have I totally misunderstood this as according to Housing Benefit I have?

No, I think you are right.  HB Reg 6 defines “remunerative work” for both working age and SPC age cases and it refers to a “person”, not just a “claimant”, so the definition must apply to non-deps as well.  Para (7) says a person on maternity leave is not treated as being in remunerative work.  “Maternity leave” is defined in Reg 2 as a period in which a woman is absent from work to have a baby and has a right to return to work.

Reg 74(1) & (2) (working age) are very clear that the sliding scale of deductions based on the non-dep’s gross income only applies to non-deps who are in “remunerative work”.  SPC-age Reg 55(1) & (2) is identical.

Reg 28(14) deems a woman on maternity leave to be in remunerative work for the purpose of child care disregards only, otherwise she is not in remunerative work and should attract only the lowest deduction as far as I can see.

Thank you Peter I will appeal decision.