Non-dependent deduction for person lodging elsewhere - help needed.

Hi, I have a client whose son got a job 3 years ago travelling round the UK. He stays in one area for 3-6 months then moves to the next contract. He stays in lodgings which is supplemented by his employer. He returns to his home town every 2-4 weeks for 1 or 2 nights at a time. He spends the majority of the time at his girlfriend’s address and part of the time with my client.

He has minimal possessions at my client’s home, but his post is directed there as a ‘care of’ address. He is registered with a GP in his home town rather than when he is working away. He is also registered on the electoral role in his home town.

The LA have imposed the highest non-dependent deduction on my client’s CTB claim and she is hoping to appeal it on the basis that he lives elsewhere.

I understand that the post and electoral register will point to him living with my client, but are there any arguments I could use to show that he is living elsewhere? I know that his lodgings are temporary, but as he has been in temporary accommodation for 3 years now and only returned to my client’s address for one night every 2-4 weeks.

Help, please!

Hi, thanks for the reply…

No children or benefits in the girlfriend’s household. She is a non-dependant in her grandmother’s property. Nothing is being claimed as a couple.

The girlfriend and mother are in the same home town.

He considers his normal home to be wherever he is working at that time, he takes his belongings with him, but leaves his post being delivered to his mother’s house. He states that because he is moving every few months he could not re-direct his post every time or register with a doctor.

There is evidence to suggest that he lives at ‘home’ when not travelling for work, but he has been working away for three years and only returns for one day or so every 2-4 weeks, so it seems unreasonable for the highest non-dependent deduction to be applied - but I’m struggling to find anything to suggest that it shouldn’t be applied.

Don’t forget that if he’s not classified as a non-dependant in the property then the number of bedrooms allowed to his mother will fall.

That will potentially offset some of the savings if he stops being a non-dep.

Is there any way to get some sort of evidence from his employer stating that he is accommodated as part of his job & is expected to be resident in the accommodation provided whilst working?