Housing Benefit non-dep student gap year

Hi All

Wondering if anyone can clarify the rules around non-dep deductions on housing benefit for a full time student who is taking a gap year and working 25hrs per week?

Will this be subject to standard non-dep rates?

Thanks

If this is a gap year between the end of school/college and the beginning of a university course, I don’t think they would be treated as a student in the first place.

If it’s a gap year during a university course, I still don’t think they will qualify for the student exemption.

HB Reg 74(7)(c) would require them to be “a full-time student during a period of study within the meaning of Part 7 (Students),” and the definition of “period of study” in Reg 53 wouldn’t seem to include a gap year.

Apologies, should have clarified.

It is a gap year in the middle of a university course.

Hmm, I think you’ve found a lacuna there.  Reg 74(7)(c) and (d) between them are supposed to have the effect that there is only ever a deduction for a student if they are in remunerative work during a summer vacation.  But the effect seems to be that there are no special rules for students during any period which is neither a period of study nor a summer vacation - there can be a deduction during any such period even if the student is not in remunerative work.

At least in this case the student is in remunerative work so it kind of sits right that they face a non-dep deduction as if the gap year is an extremely long summer vacation.  But it would be harsh if they had taken time out due to illness, for example and would still have a £15.95 deduction slapped on.

Hmm - I agree with Peter. Following the Court of Appeal decision in Clarke & Faul the benefit Regs were amended to remove entitlement to benefits of ‘intercalating’ students - students taking time out of their course for any reason.

With the exception of those full time students who can still claim (lone parents etc) and the exceptions for ‘intercalating’ students waiting to return to their course following a period of ill health, caring or pregnancy - the rule is once a full time student always a “student” until the course is completed or the student finally abandons or is dismissed from the course. See HB Reg 53(2) read with “student”, “Last day of the course” & “period of study” in 53(1).

If a student takes a ‘gap year (or two)’ they remain to be treated as a “student” (subject to any of the exceptions above) unless they have completed, abandoned or been dismissed from their course - whatever the reason for the ‘gap year’.  See O’Conner v CAO [1999] ELR 209 - R(IS)7/99. As they remain a “student” the non-dependent deduction rules in Reg. 74 apply as outlined by Peter.

It would seem the amendments made to address the perceived mischief of f/t students being able to claim benefits when ‘intercalating’ was a much greater mischief that the lacuna created by treating them as “students” even when intercalating (and potentially earning a significant sum) whilst being a non-dependent within the claimants household.