Can someone who is staying at a residental college be classified as a member of a household for Housing Benefit purposes?

Hi

I have a client who had been receiving full housing benefit until recently.  However, her 17 son now lives at residential college undertaking a BTEC level 3 (which is classified as non advanced education).  He returns home during the college holidays though.  She had the family premium removed and the child amount removed from her applicable amount.  However, she has retained her Child Tax Credits.

The Housing Benefit Regulations 2006 states:-

Circumstances in which a person is to be treated as responsible or not responsible for another

20.  (1)  Subject to the following provisions of this regulation a person shall be treated as responsible for a child or young person who is normally living with him and this includes a child or young person to whom paragraph (3) of regulation 19 applies.
(2) Where a child or young person spends equal amounts of time in different households, or where there is a question as to which household he is living in, the child or young person shall be treated for the purposes of paragraph (1) as normally living with—

(a)

the person who is receiving child benefit in respect of him; or
.

(b)

if there is no such person—
.

(i)

where only one claim for child benefit has been made in respect of him, the person who made that claim, or
.

(ii)

in any other case the person who has the primary responsibility for him.
.
(3) For the purposes of these Regulations a child or young person shall be the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.

Page 220 of the CPAG Welfare Benefits handbook states that the term household is not defined. 

I am aware that the definition of being responsible for a child is different for child tax credits rather than housing benefit. 

I also know that if the child intends to return to the home within 52 weeks, they can count as a member of the household.  However, this does not apply in this case as the 17 year old intends to undertake another course after the current one has finished.

Do you think we have a viable case to have the family premium and child amount reinstated?

Thanks

I think he should still count as a member of her household. It’s much the same as a university student whoi returns home during the vacations and in this case, he should still be treated as her dependent child for benefit purposes as far as I can see. CB would still be payable on the basis he is away to receive education (and presumably she is still contributing to the cost of his support anyway). I can’t see how he can’t be a member of her household for HB purposes.

In CH/2197/2009, Judge Mesher holds that student living in halls during term time was still member of household for HB purposes -

here’s a link to briefcase summary -

http://www.rightsnet.org.uk/briefcase/summary/whether-student-is-to-be-treated-as-occupying-parents-home-whilst-in-halls-

and decision itself -

http://www.osscsc.gov.uk/Aspx/view.aspx?id=2953

Thanks to both of you, for your help.