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Temporary absence

Damian
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Welfare rights officer - Salford Welfare Rights Service

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Total Posts: 211

Joined: 16 June 2010

Has anyone worked out the temporary absence rule sunder UC where non deps are concerned? I’ve been looking at schedule 4 and got myself all mixed up.

A person is a non-dependant and a member of the EBU if the person lives in the accommodation with the renter (subject to some exceptions) (para 9)

A non dep in the extended benefit unit (EBU) gets a room (para 10(c)).

Save for where the exemptions apply a deduction is made for a non dep member of the EBU (para 13)

A member of the EBU who is a non dep counts for the size criteria whilst temporarily absent in certain situations (para 11(4)&(5))

A non dep does not count as a member of the EBU if their temporary absence is for more than 6 months (para 11(6)). But it doesn’t seem to say the reverse: that if the non dep is temporarily absent for less than 6 months they are still in the EBU.

So what happens in the case of a non dep who is temporarily absent for less than 6 months? Is it just a question of whether they are still ‘living with’ the renter (as per para 9)? How should ‘lives with’ be interpreted: normally residing with or more strictly?

Para 11(1) to (5) seems to only deal with the application of the size criteria (from the terms used in subpara (1)). Are there circumstances where a non dep would not count for the size criteris but would for the HCC or vice versa.

Any help straightening out my muddled head would be appreciated