Assuming level of non-dep deductions for non-earners

The “definitive source” is the legislation itself - regulation 58 of the CTB Regs 2006 (“working age” version).  Where a non-dep is not in “remunerative work” (i.e. 16 hrs per week or more, on average), para 2 of regulation 58 makes it unequivocal that the non-dep deduction shall be £2.85 per week (2011/12 rate - per blue-volume SI)).  In anticipation of the LA arguing the level of income still matters, it doesn’t.  If a non-dep is not in RW, the deduction under CTBR 58(2) still applies - even if the non-dep’s income is hundreds of £s per week (because the deduction under para 2 isn’t driven by income levels).

There is no alternative; the LA must apply THAT deduction unless it is arguing the non-dep is in fact in remunerative work.  If the latter, on what evidence?  If the LA refuses to play ball, simply appeal.

Thanks Kevin, that’s more clear-cut than I thought.

Another thing to point out is that the claimant has already provided some evidence, in the form of their letter. It’s porbably not what the LA is looking for, but it is still evidence

If you want some more definitive sources which confirm what Kevin says see CH/2324/2003 at paragraph 12 along with CH/0048/2006 that was cited in the earlier post

Thanks! For the record, the decision was immediately over-turned on appeal.

Craven CAB welfare benefits - 13 December 2011 02:25 PM

For the record, the decision was immediately over-turned on appeal.

*laughs*