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Forum Home  →  Discussion  →  Benefits for older people  →  Thread

Non dependent deduction for housing benefit - pension credit claimant and her son

JojoMitchell
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Disability Law Service, London

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Total Posts: 226

Joined: 10 July 2017

Hi
I have a client who receives PC and her son has been disregarded for a NDD since July 2020, expiring in Jan 2021.  The council have applied this stating that her son has moved in with her.  He has always lived with her!  He’s 26 and was a full time student but has been doing a 2-year apprenticeship that ends in December 2020.  The client hasn’t told HB that her son has had a wage.  I am obviously concerned that there might be an overpayment if I contact HB on her behalf although you could argue that this is official error…

Am I missing something for PC HB claimants?

Thanks

Va1der
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Welfare Support Worker - Community Renewal Edinburgh

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Joined: 7 May 2019

There’s no NDD for CTR for an apprentice, but as far as I know, it is made for HB.

Did anything change during the summer that might have made the council think the son moved in? Looks like they’ve correctly (under their wrong assumption) applied the 26 week delay on the NDD increase.

As long as he was a student (provided the client was still PA), there would not have been a NDD. Did she tell the council when he left education and started the apprenticeship? If she did, I would have expected the NDD to start 26 weeks after that change (mid 2019, by my math).
If she didn’t tell them, like you seem to suggest, the overpayment would have been caused by her failure to report a CiC.

I don’t see where there is an official error, at least not one that is in your client’s favour?

JojoMitchell
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Disability Law Service, London

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Total Posts: 226

Joined: 10 July 2017

I thought the change was just when a NDD moved in/out to get the 26 week disregard?

Va1der
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Welfare Support Worker - Community Renewal Edinburgh

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Not on my reading of 10(b)(ii) at least: https://www.legislation.gov.uk/uksi/2006/214/regulation/59/made

JojoMitchell
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Disability Law Service, London

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Total Posts: 226

Joined: 10 July 2017

Thank you!  Been trying to find this!!