Is a student who lives in halls a non-dep.

My client has just become entited to DLA MRC . They already get IB and if the SDP applies should then get IS as well. They have a child who is a f/t university student and lives in halls in another part of the country.

Does anyone know if this young person counts as ‘normally residing’  with them for the purposes of para 13 , Sch 2 ,IS regs?

There is nothing in either the handbook or Bonner et al to say that they do. Logic would seem to say that the SDP is payable to those who don’t have anyone to care for them and my client obviously does not get any help from her child when they are away at university but I still have a nagging feeling that a student in halls does not count as ‘normally residing ’ at their term time address.

Thanks!

Decision Makers Guide 23211 para 23211 deals with this scenario.

Thanks John,