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Calculating non-dep deduction on a weekly basis
My client’s non-dep’ daughter’s wages fluctauate considerably, and so she is better off HB-wise if the non-dep deduction is calculated on a weekly basis rather than using an average wage over a 12 week period. Any thoughts on whether/how I can make the LA adopt this approach? If getting a weekly calculation is a big ask, do you think they would accept a compromise (i.e. a monthly or two-monthly period)?
You might come to some compromise but getting the non dep deduction calculated on a weekly basis is a big ask. This is because Reg 74(2) provides:
“(2) In the case of a non-dependant aged 18 or over to whom paragraph (1)(a) applies because he is in remunerative work, where it is shown to the appropriate authority that his NORMAL GROSS WEEKLY INCOME (my emphasis) is…..”
Difficult to see how fluctuating income can be considered to be “normal” income in any given week
The daughter has become a student, so problem solved :)
Regarding Reg 74 (2), if someone’s wages continuously fluctuate do they really have a ‘normal’ wage? I’m not sure the wording of the Reg is very useful for deciding what income figure to use in the HB calculation!