Regulation 52 Non-dependant deductionsI1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 52(7)(d)(i) (ii) substituted by Housing Benefit and Council Tax Benefit 2005 reg. 3(7)
reg. 52(3) words substituted by Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) 2005 Sch. 3 para. 21(4)(a)
reg. 52(4) words substituted by Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) 2005 Sch. 3 para. 21(4)(a)
reg. 52(5)(b) words inserted by Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) 2005 Sch. 3 para. 21(4)(b)
reg. 52(2)(a) sum substituted by Social Security Benefits Up-rating 2004 art. 21(5)(c)
reg. 52(1)(a) sum maintained by Social Security Benefits Up-rating 2005 art. 21(5)(a)
reg. 52(1)(b) sum maintained by Social Security Benefits Up-rating 2005 art. 21(5)(b)
reg. 52(2)(a) sum substituted by Social Security Benefits Up-rating 2005 art. 21(5)(c)
reg. 52(2)(b) sum substituted by Social Security Benefits Up-rating 2005 art. 21(5)(d)(i)
reg. 52(2)(b) sum substituted by Social Security Benefits Up-rating 2005 art. 21(5)(d)(ii)
reg. 52(2)(b) sum maintained by Social Security Benefits Up-rating 2005 art. 21(5)(d)(iii)
reg. 52(2)(c) sum substituted by Social Security Benefits Up-rating 2005 art. 21(5)(e)(i)
reg. 52(2)(c) sum substituted by Social Security Benefits Up-rating 2005 art. 21(5)(e)(ii)
reg. 52(2)(c) sum maintained by Social Security Benefits Up-rating 2005 art. 21(5)(e)(iii)
reg. 52(7)(d) word substituted by Social Security (Hospital In-Patients and Miscellaneous Amendments) 2003 reg. 5(4)
reg. 52(1)(a) sum confirmed by Social Security Benefits Up-rating 2003 art. 21(4)(a)
reg. 52(1)(b) sum confirmed by Social Security Benefits Up-rating 2003 art. 21(4)(b)
reg. 52(2)(a) word substituted by Social Security Benefits Up-rating 2003 art. 21(4)(c)
reg. 52(2)(b) word substituted by Social Security Benefits Up-rating 2003 art. 21(4)(d)(i)
reg. 52(2)(b) word substituted by Social Security Benefits Up-rating 2003 art. 21(4)(d)(ii)
reg. 52(2)(b) sum confirmed by Social Security Benefits Up-rating 2003 art. 21(4)(d)(iii)
reg. 52(2)(c) word substituted by Social Security Benefits Up-rating 2003 art. 21(4)(e)(i)
reg. 52(2)(c) word substituted by Social Security Benefits Up-rating 2003 art. 21(4)(e)(ii)
reg. 52(2)(c) sum confirmed by Social Security Benefits Up-rating 2003 art. 21(4)(e)(iii)
reg. 52(1)(b)(c) substituted for reg. 52(1)(b) by Housing Benefit and Council Tax Benefit (State Pension Credit) 2003 reg. 19(a)
reg. 52(8)(a) words inserted by Housing Benefit and Council Tax Benefit (State Pension Credit) 2003 reg. 19(b)
reg. 52(2)(a) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(c)
reg. 52(8)(c) inserted by Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) 2003 reg. 4(3)
reg. 52(1)(a) sum confirmed by Social Security Benefits Up-rating 2000 art. 20(4)(a)
reg. 52(1)(b) sum confirmed by Social Security Benefits Up-rating 2000 art. 20(4)(b)
reg. 52(2)(b) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(d)(i)
reg. 52(2)(b) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(d)(ii)
reg. 52(2)(b) sum confirmed by Social Security Benefits Up-rating 2000 art. 20(4)(d)(iii)
reg. 52(2)(c) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(e)(i)
reg. 52(2)(c) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(e)(ii)
reg. 52(2)(c) sum confirmed by Social Security Benefits Up-rating 2000 art. 20(4)(e)(iii)
reg. 52(7) words substituted by Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) 2001 reg. 3(1) Sch. 1 Pt. 1
reg. 52(1)(a) sum substituted by Social Security Benefits Up-rating 1996 art. 22(5)(a)
reg. 52(1)(b) sum substituted by Social Security Benefits Up-rating 1996 art. 22(5)(b)
reg. 52(2) sum substituted by Social Security Benefits Up-rating 1996 art. 22(5)(c)
reg. 52(1)(a) sum substituted by Social Security (Non-Dependant Deductions) 1996 reg. 2(a)
reg. 52(2) words substituted by Social Security (Non-Dependant Deductions) 1996 reg. 2(b)
reg. 52(8) words added by Housing Benefit, Council Tax Benefit and Supply of Information (Jobseeker’s Allowance) 1996 reg. 34
reg. 52(1)(b) sum maintained by Social Security Benefits Up-rating 2004 art. 21(5)(b)
reg. 52(8)(a) words inserted by Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) 2004 reg. 3(14)(a)
reg. 52(8)(c) omitted by Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) 2004 reg. 3(14)(b)
reg. 52(1)(a) sum maintained by Social Security Benefits Up-rating 2004 art. 21(5)(a)
reg. 52(2)(b) sum substituted by Social Security Benefits Up-rating 2004 art. 21(5)(d)(i)
reg. 52(2)(b) sum substituted by Social Security Benefits Up-rating 2004 art. 21(5)(d)(ii)
reg. 52(2)(b) sum maintained by Social Security Benefits Up-rating 2004 art. 21(5)(d)(iii)
reg. 52(2)(c) sum substituted by Social Security Benefits Up-rating 2004 art. 21(5)(e)(i)
reg. 52(2)(c) sum substituted by Social Security Benefits Up-rating 2004 art. 21(5)(e)(ii)
reg. 52(2)(c) sum maintained by Social Security Benefits Up-rating 2004 art. 21(5)(e)(iii)
reg. 52(1)(a) sum confirmed by Social Security Benefits Up-rating 2002 art. 20(4)(a)
reg. 52(1)(b) sum confirmed by Social Security Benefits Up-rating 2002 art. 20(4)(b)
reg. 52(2)(a) word substituted by Social Security Benefits Up-rating 2002 art. 20(4)(c)
reg. 52(2)(b) word substituted by Social Security Benefits Up-rating 2002 art. 20(4)(d)(i)
reg. 52(2)(b) word substituted by Social Security Benefits Up-rating 2002 art. 20(4)(d)(ii)
reg. 52(2)(b) sum confirmed by Social Security Benefits Up-rating 2002 art. 20(4)(d)(iii)
reg. 52(2)(c) word substituted by Social Security Benefits Up-rating 2002 art. 20(4)(e)(i)
reg. 52(2)(c) word substituted by Social Security Benefits Up-rating 2002 art. 20(4)(e)(ii)
reg. 52(2)(c) sum confirmed by Social Security Benefits Up-rating 2002 art. 20(4)(e)(iii)
reg. 52(1)(a) sum substituted by Social Security Benefits Up-rating 1999 art. 22(4)(a)
reg. 52(1)(b) sum substituted by Social Security Benefits Up-rating 1999 art. 22(4)(b)
reg. 52(2)(a) sum substituted by Social Security Benefits Up-rating 1999 art. 22(4)(c)
reg. 52(2)(b) sum substituted by Social Security Benefits Up-rating 1999 art. 22(4)(d)(i)
reg. 52(2)(b) sum substituted by Social Security Benefits Up-rating 1999 art. 22(4)(d)(ii)
reg. 52(2)(b) sum substituted by Social Security Benefits Up-rating 1999 art. 22(4)(d)(iii)
reg. 52(2)(c) sum substituted by Social Security Benefits Up-rating 1999 art. 22(4)(e)(i)
reg. 52(2)(c) sum substituted by Social Security Benefits Up-rating 1999 art. 22(4)(e)(ii)
reg. 52(2)(c) sum substituted by Social Security Benefits Up-rating 1999 art. 22(4)(e)(iii)
reg. 52(1)(a) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(a)
reg. 52(1)(b) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(b)
reg. 52(2)(a) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(c)
reg. 52(2)(b) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(d)(i)
reg. 52(2)(b) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(d)(ii)
reg. 52(2)(b) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(d)(iii)
reg. 52(2)(c) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(e)(i)
reg. 52(2)(c) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(e)(ii)
reg. 52(2)(c) sum substituted by Social Security Benefits Up-rating 2000 art. 20(4)(e)(iii)
reg. 52(1)(a) sum substituted by Social Security Benefits Up-rating 1994 art. 20(4)(a)
reg. 52(1)(b) sum substituted by Social Security Benefits Up-rating 1994 art. 20(4)(b)
reg. 52(2) sum substituted by Social Security Benefits Up-rating 1994 art. 20(4)(c)
reg. 52(1)(a) sum substituted by Social Security Benefits Up-rating 1998 art. 22(4)(a)
reg. 52(1)(b) sum substituted by Social Security Benefits Up-rating 1998 art. 22(4)(b)
reg. 52(2)(b) sum substituted by Social Security Benefits Up-rating 1998 art. 22(4)(c)
reg. 52(2)(c) sum substituted by Social Security Benefits Up-rating 1998 art. 22(4)(d)
reg. 52(1)(b) sum substituted by Social Security Benefits Up-rating 1997 art. 22(4)(a)
reg. 52(2)(a) sum substituted by Social Security Benefits Up-rating 1997 art. 22(4)(b)
reg. 52(2)(b) sums substituted by Social Security Benefits Up-rating 1997 art. 22(4)(c)
reg. 52(1)(a) sum confirmed by Social Security Benefits Up-rating 1995 art. 22(4)(a)
reg. 52(1)(b) sum confirmed by Social Security Benefits Up-rating 1995 art. 22(4)(b)
reg. 52(2) sum substituted by Social Security Benefits Up-rating 1995 art. 22(4)(c)
reg. 52(1)(a) sum confirmed by Social Security Benefits Up-rating 2006 art. 21(3)(a)
reg. 52(1)(b) sum confirmed by Social Security Benefits Up-rating 2006 art. 21(3)(b)
reg. 52(2)(a) word substituted by Social Security Benefits Up-rating 2006 art. 21(3)(c)
reg. 52(2)(b) word substituted by Social Security Benefits Up-rating 2006 art. 21(3)(d)(i)
reg. 52(2)(b) word substituted by Social Security Benefits Up-rating 2006 art. 21(3)(d)(ii)
reg. 52(2)(b) sum confirmed by Social Security Benefits Up-rating 2006 art. 21(3)(d)(iii)
reg. 52(2)(c) word substituted by Social Security Benefits Up-rating 2006 art. 21(3)(e)(i)
reg. 52(2)(c) word substituted by Social Security Benefits Up-rating 2006 art. 21(3)(e)(ii)
reg. 52(2)(c) sum confirmed by Social Security Benefits Up-rating 2006 art. 21(3)(e)(iii)
reg.52(1)(a) amended by Social Security Benefits Up-rating 1996 art.22(5)
reg.52(1)(b)(2) amended by Social Security Benefits Up-rating 1996 art.22(5)
reg.52 amended by Social Security Benefits Up-rating 1997 art.22(4)
reg. 52 amended by Social Security Benefits Up-rating 2000 art. 20(1)(4)

(1)

Subject to the following provisions of this regulation, the non-dependant deductions in respect of a day referred to in regulation 51 (maximum council tax benefit) shall be—

C1(a)

in respect of a non-dependant aged 18 or over in remunerative work, £2.00 × 1/7

(b)

in respect of a non-dependant aged 18 or over to whom sub-paragraph (a) does not apply, £1.00 × 1/7

(2)

In the case of a non-dependant aged 18 or over to whom paragraph (1)(a) applies, where it is shown to the appropriate authority that his normal gross weekly income is less than F1£105.00, the deduction to be made under this regulation shall be that specified in paragraph (1)(b).

(3)

Only one deduction shall be made under this regulation in respect of a married or unmarried couple or, as the case may be, members of a polygamous marriage and, where, but for this paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other, member, the higher amount shall be deducted.

(4)

In applying the provisions of paragraph (2) in the case of a married or unmarried couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of that paragraph, to the couple’s or, as the case may be, all members of the polygamous marriage’s joint weekly gross income.

(5)

Where in respect of a day—

(a)

a person is a resident in a dwelling but is not himself liable for council tax in respect of that dwelling and that day;

(b)

other residents in that dwelling (the liable persons) have joint and several liability for council tax in respect of that dwelling and that day otherwise than by virtue of section 9 or 77 of the 1992 Act (liability of spouses); and

(c)

the person to whom sub-paragraph (a) refers is a non-dependant of two or more of the liable persons,

the deduction in respect of that non-dependant shall be apportioned equally between those liable persons.

(6)

No deduction shall be made in respect of any non-dependants occupying a claimant’s dwelling if the claimant or his partner is—

(a)

blind or treated as blind by virtue of paragraph 13 of Schedule 1 (additional condition of the higher pensioner and disability premiums); or

(b)

receiving in respect of himself either—

(i)

attendance allowance; or

(ii)

the care component of the disability living allowance.

(7)

No deduction shall be made in respect of a non-dependant if—

(a)

although he resides with the claimant, it appears to the appropriate authority that his normal home is elsewhere; or

(b)

he is in receipt of a training allowance paid in connection with a Youth Training Scheme established under section 2 of the Employment and Training Act 1973^f1 or section 2 of the Enterprise and New Towns (Scotland) Act 1990^f2; or

(c)

he is a full-time student within the meaning of Part V (Students); or

(d)

he is not residing with the claimant because he has been a patient for a period in excess of six weeks, and for these purposes—

(i)

“patient” has the meaning given in regulation 10(2) (patients), and

(ii)

the period of six weeks shall be calculated by reference to paragraph (3) of that regulation as if that paragraph applied in his case.

(8)

No deduction shall be made in respect of a non-dependant—

(a)

who is on income support; or

(b)

to whom Schedule 1 of the 1992 Act applies (persons disregarded for purposes of discount) but this sub-paragraph shall not apply to a non-dependant who is a student to whom paragraph 4 of that Schedule refers.

(9)

In the application of paragraph (2) there shall be disregarded from his weekly gross incomeF2—

(a)

any attendance allowance or disability living allowance received by him;

(b)

any payment made under the Trusts, the Fund F3, the Eileen Trust or F4the Independent Living Funds which had his income fallen to be calculated under regulation 24 (calculation of income other than earnings) would have been disregarded under paragraph 22 of Schedule 4 (income in kind); and

(c)

any payment which had his income fallen to be calculated under regulation 24 would have been disregarded under paragraph 35 of Schedule 4 (payments made under certain trusts and certain other payments).

Annotations

Textual amendments

F1: Sum in Reg. 52(2) substituted (1.4.1993) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), arts. 1(2)(a), 20(1)(4)
F2: Words in reg. 52(9) substituted (1.4.1993 immediately after art. 20 of S.I. 1993/349 comes into force) by The Council Tax Benefit (General) Amendment Regulations 1993 (S.I. 1993/688), regs. 1(1), 14
F3: Words in reg. 52(9)(b) inserted (14.5.1993) by The Income-related Benefits Schemes and Social Security (Recoupment) Amendment Regulations 1993 (S.I. 1993/1249), regs. 1(1)(a), 6(3)(d)
F4: Words in reg. 52(9)(b) substituted (22.4.1993) by The Social Security Benefits (Miscellaneous Amendments) (No. 2) Regulations 1993 (S.I. 1993/963), regs. 1, 5(3)(4)

Modifications

C1: Reg. 52(1)(a)(b): sum confirmed (1.4.1993) by The Social Security Benefits Up-rating Order 1993 (S.I. 1993/349), arts. 1(2)(a), 20(1)(4)

Commencement

I1: Reg. 52 in force at 1.4.1993, see reg. 1(b)

Footnotes

f1: 1973 c. 50; section 2 was substituted by section 25 Employment Act 1988 (c. 19).
f2: 1990 c. 35.