If a HB claimant has a grown up son/daughter living with them who is under 25 and on JSA(IB), there is no non-dependant deduction. If the non-dep neglects to sign on for JSA and there is a gap in entitlement then it appears there will be a non dep deduction even though they have not been working and so had no income at all.

Can anyone think of a way around this?

Thanks.

There is no way around this. The rule is absolute.

HBR 74(1)(b) requires that a deduction is made subject to the remaining provisions.

HBR 74(8) is the provision for a nil deduction for u-25 on IS / JSA(IB). NB: JSA must be income-based - it's not enough for it to be contribution based.

The structure of HBR 74 means that a deduction is the default position. The u-25 nil deduction provision is an exception and, as such, the onus is on the clmt to satisfy the provision.

Therefore, the LA is absolutely correct to make a deduction.

The above assumes the clmt, or ptnr, is not on DLA (care) or AA.

Regards

One thing to watch out (apologies if you already know this) for though is that the HB non-dep deduction should only be £7.40 in these circumstances as they are not in full-time work.

I agree that the deduction has to be made but in my view the policy is competely irrational. Given that the aim, like that of the household means tests before it, is to reduce the cost to the public purse where there are other members of the 'household' to contribute to the family's finances (with certain exceptions) then to apply a deduction in respect of non-dependants without income cuts the government's own justification for the policy from completely underneath it.

he needs to put in a nill income statement for the period he did not get JSA....

Thanks for the replies. I thought the Local Authority were correct in applying the deduction but wanted to make absolutely sure as it is unfair.

I am actually going to see if I can get a Discretionary Housing Payment in the case I have. My client is so incensed by the injustice of this rule that it has exacebated his mental health problems.

Nick - can you explain further?

I have a similar case and am currently trying to persuade LA not to recover overpayment which arose as a result of non dep not wanting to claim IS/JSA depsite my client's effort to persuade them. Also asked for DHP, thought would try both. Non dep has finally made a claim for JSA.

My LA also ask for non-deps to write a statement to confirm that they have had no source of income and not working or they could I believe assume maximum deduction or suspend claim. I am sure i recall this happening previously, although cant say without checking whether the LA are entitled to do so.

my client also has mental health problems, I agree its very unfair.

Good luck.