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uc non dep for returning student

stevenmcavoy
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Welfare rights officer - Enable Scotland

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Total Posts: 868

Joined: 22 August 2013

looking for opinions on this one to see if there is anything i have missed.

client is on uc. adult child has had to return from uni as unable to be in student accommodation. still has a tenancy etc there and course not finished until june (everything now online).

should there be a non dep on clients uc? uc have applied one but it would seem to me strongly arguable they have a home elsewhere and this is a temporary change?

Dan Manville
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Greater Manchester Law Centre

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Total Posts: 458

Joined: 22 January 2020

9.—(1) For the purposes of this Schedule, the members of a renter’s extended benefit unit are—

(a)the renter (or joint renters);
(b)any child or qualifying young person for whom the renter or either joint renter is responsible; and
(c)any person who is a non-dependant.
(2) A person is a non-dependant if the person normally lives in the accommodation with the renter (or joint renters) and is none of the following—

(a)a person within sub-paragraph (1)(a) or (b);
(b)where the renter is a member of a couple claiming as a single person, the other member of the couple;
(c)a foster child;
(d)a person who is liable to make payments on a commercial basis in respect of the person’s occupation of the accommodation (whether to the renter, joint renters or another person);
(e)a person to whom the liability to make relevant payments is owed or a member of their household;
(f)a person who has already been treated as a non-dependant in relation to a claim for universal credit by another person liable to make relevant payments in respect of the accommodation occupied by the renter.
[F18(g)a child or qualifying young person for whom no-one in the renter’s extended benefit unit is responsible.]

I doubt the student is normally living with his mother…