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Assuming level of non-dep deductions for non-earners
Shelter’s Guide to Housing Benefit (6.30) says LA can make an assumption about the level of non-dep deduction only if the non-dep is in work. Is there a definitive source for this, and is there a source that is easily understandable for clients (not to mention myself)?
The DWP manual at 5.550 only describes the assumption under the heading of remunerative work. But, all the literature I’ve looked at does not actually spell out this distinction, eg:
- Many LA leaflets say: “Until evidence of a non-dependant’s income is provided, the highest deduction may be taken from your benefit.” then quotes examples of evidence which include benefit letters.
- Shelter website: “The council will deduct the maximum amount if have no evidence about a non-dependant’s income.” [I think this needs to be updated following CH/48/2006 .. ]
My case involves a non-dep with no suggestion of work as far as we know. CB for non-dep ended, they start some sort of college course (we’re seeking the details) and appear to have zero income.CTB claimant puts all this in writing, but the LA apply the maximum deduction. The calculation sheet on the non-dep line shows: “Gross income (weekly) £0.00”, “Income band” is left blank, and then “Deduction (council tax) £8.60”. The reason for decision is simply “Change in Financial Circumstances”.