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Date that non-dependant deduction starts

geep
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WRO, housing management, Notting Hill Housing

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Joined: 24 October 2013

My client’s daughter started a full-time course on Monday 5 January, but the non-dep’ deduction has only been removed from the HB from the following Monday. Is this correct? If it is, can you tell me which Reg allows this, please? Reg 53 says a period of study starts on the first day of the course, but there may be another reg which affects the date that the non-dep’ deduction is removed.

Thanks

HB Anorak
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Benefits consultant/trainer - hbanorak.co.uk, East London

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It is right I think.  The change has to be implemented by way of a superseding decision.  The effective date of such a decision is specified by HB&CTB; (D&A) Reg 8.  Where the decision is made as a result of a general change of circumstance, rather than any of the more specific events described from para (4) upwards, Reg 8 takes you to Reg 79 of the principal HB Regs.  This in turn says that a change of circumstance normally takes effect from the Monday following the day on which it happens, unless it one of the changes that take effect from the same week (which commencement of a course is not).

So in summary:

- a non-dep starting a course is not one of the events with its own unique effective date set by D&A Reg 8: it is just a generic change of circs
- within the change of circs subset, it is not one of the events that takes effect from the week in which it happens (like rent increases and changes of address)
- so you are left with a change of circs taking effect from the follwing week by virtue of D&A Reg 8(2) and principal HB Reg 79(1)

Why does a semi-colon always appear when I write “HB&CTB; Reg”???

geep
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WRO, housing management, Notting Hill Housing

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Total Posts: 181

Joined: 24 October 2013

Thank you, that is really useful.

I have no idea about the semi-colon thing; do you have an elaborate version of autocorrect?!