LHA rates and student non dependant living away from home

I have been asked for advice in regards to a mum who would like to move into a two bed flat with her daughter. At the moment this is pretty straightforward as the daughter is still mum’s dependant and in full time non advanced education so two bed rate of LHA would apply,  however the daughter is planning on going to University full time in September and living in halls.

My understanding is that mum could continue to claim the two bed rate of LHA as long as her daughter only takes up university halls accommodation in term time and returns to the mums home during the holidays and that a non-dependant deduction would only be taken if the daughter takes up work in the holidays is this correct?

Yes, that should be OK.  In HB the test is always whether the person occupies the dwelling as their home, applying Hb Reg 7 to that person.  I think most people would say that a student in college halls is temporarily absent from the place they continue to regard as home.

If she were to move into privately rented accommodation the question would not change, but the answer might depending on the Council’s view of the situation.  Some councils will say that you have moved out and no longer live with your parents if you keep the accommodation over the summer and return to it in the new term, but there is no hard and fast rule - every case on its merits.