SDP when full time uni student reaches 19

my client has her full time uni student daughter living at home. daughter has now turned 19. JCP is now stating daughter is now non-dependent and client no longer qualifies for SDP.

daughter not counted as non-dependent for HB and is disregarded for CT purposes. could we use this to appeal the decision.

thinking of doing this and taking it to UT and possibly further.

Are housing benefit saying that she is not a non-depedent or that no non depedent deduction is being made for her because she is a full-time student? There is a difference and I don’t think that they would be right to say the former but the latter is definitely the case. 

Neither feel do I that there is a valid challenge to the JCP decision. If she is a university student she is no longer a ‘qualifying young person’ for child benefit purposes and thus becomes a non-dependant for the purposes of the SDP. This will have started when she left ‘non-advanced education’ to go to university and not (necessarily) on her 19th birthday.

What you don’t say is whether she is living at home during the term time.  If she is stays elsewhere during terms you can argue that she is not ‘living with’ her mother and thus is not a non-dependant member of her household. However you may also have to argue that because she wants to return home at the end of her course she ‘normally occupies’ the accommodation for the purposes of local housing allowance size restrictions.