[2024] UKUT 261 (AAC)

Whether a person is a non-dependant is important for the purposes of assessing a claimant’s entitlement to the housing costs element of Universal Credit.

In very broad terms, there are four component parts to any Universal Credit housing costs element calculation. The first part is the claimant’s monthly eligible rent. The second concerns the composition of their ‘extended benefit unit’, a concept which includes any persons who are classified as ‘non-dependants’ (subject to certain exceptions). The third is the number of bedrooms the claimant’s extended benefit unit is allowed under the rules (often referred to as the ‘size criteria’). The fourth is whether any deduction must be made for any non-dependant living with the claimant.

A claimant’s partner together with any child or qualifying young person form the basis of their extended benefit unit, along with any non-dependants. The definition of a non-dependant – a “person [who] normally lives in the accommodation with the renter” – is to be found in paragraph 9(2) of Schedule 4 to the Universal Credit Regulations 2013 (SI 2013/376). It has long been accepted that for the purpose of entitlement to social security benefits a person can only “normally” live or reside in one place (see JP v Bournemouth BC (HB) [2018] UKUT 75 (AAC); [2018] AACR 30).

A common example of a non-dependant is an adult child still living at home with their parent or parents. But what happens when the offspring in question lives elsewhere for part of the time, e.g. during University term-time, but comes home every vacation (and quite possibly at other times)? Are they a person who “normally lives” with their parent(s)? Or are they a person who “normally lives” at their University term-time address?