past caring 1
Welfare Benefits Casework Supervisor, Cambridge House Law Centre, London SE5
Member since 09th Oct 2007
|
RE: SDP -previous non dep goes to uni still no SDP
Wed 09-Jan-08 05:32 PM |
Wed 09-Jan-08 05:33 PM by past caring 1
Caselaw - take a look at CSIS/100/93 and CIS/14850/96 - both available on rightsnet. Not sure that either of themselves settle the issue, but worth a look.
Both decisions emphasise that the legal test is whether the claimant has a non-dependent who "normally resides with" them and not some variation on this theme such as "still her main home". That said, if daughter returns home during the holidays, if she is living in halls of residence or is occupying university accommodation under some form of licence that would not permit her to remain there other than during term-time, you may still be up against it.....
|