OpenLegislation

Paragraph 28 Non-dependant deductions: pensioners and persons who are not pensioners

England and Wales

(1)

Subject to the following provisions of this paragraph, the non-dependant deductions in respect of a day referred to in paragraph 27 are—

(a)

in respect of a non-dependant aged 18 or over in remunerative work, F1£20.05 x 1/7;

(b)

in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, F2£6.70 x 1/7.

(2)

In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies, where it is shown to the authority that that non-dependant’s normal gross weekly income is—

(a)

less thanF3£279.00, the deduction to be made under this paragraph is that specified in sub-paragraph (1)(b);

(b)

not less than F4£279.00 but less than £485.00, the deduction to be made under this paragraph is £13.35 x 1/7;

(c)

not less than F5£485.00 but less than £605.00 the deduction to be made under this paragraph is £16.80 x 1/7.

(3)

Only one deduction is to be made under this paragraph in respect of a couple or, as the case may be, members of a polygamous marriage (other than where there is an award of universal credit) 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 is to be deducted.

(4)

In applying the provisions of sub-paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard must be had, for the purpose of that sub-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 that person is not 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 of the 1992 Act (liability of spouses and civil partners); and

(c)

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

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

(6)

No deduction is to be made in respect of any non-dependants occupying an applicant’s dwelling if the applicant or the applicant’s partner is—

(a)

F6blind or severely sight-impaired or treated as such by virtue of paragraph 10 of Schedule 3 (additional condition for the disability premium); or

(b)

receiving in respect of the applicant—

(i)

attendance allowance, or would be receiving that allowance but for—

(aa)

a suspension of benefit in accordance with regulations under section 113(2) of the SSCBA; or

(bb)

an abatement as a result of hospitalisation; or

(ii)

the care component of the disability living allowance, or would be receiving that component but for—

(aa)

a suspension of benefit in accordance with regulations under section 113(2) of the SSCBA; or

(bb)

an abatement as a result of hospitalisation; or

(iii)

the daily living component of personal independence payment, or would be receiving that allowance but for a suspension of benefit in accordance with regulations under section 86 of the Welfare Reform Act 2012f1 (hospital in-patients);or

(iv)

an AFIP, or would be receiving that payment but for a suspension of it in accordance with any terms of the armed and reserve forces compensation scheme which allows for a suspension because a person is undergoing medical treatment in a hospital or similar institution.

(7)

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

(a)

although that non-dependant resides with the applicant, it appears to the authority that that non-dependant’s normal home is elsewhere; or

(b)

the non-dependant is in receipt of a training allowance paid in connection with youth training established under section 2 of the Employment and Training Act 1973f2 or section 2 of the Enterprise and New Towns (Scotland) Act 1990f3; or

(c)

the non-dependant is a full-time student within the meaning of Part 10 (Students); or

(d)

the non-dependant is not residing with the applicant because the non-dependant has been a patient for a period in excess of 52 weeks, and for these purposes—

(i)

“patient” (“claf”) has the meaning given in paragraph 17(6) of this scheme, and

(ii)

where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, that person is to be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.

(8)

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

(a)

who is on income support, state pension credit, an income-based jobseeker’s allowance or an income related employment and support allowance F7and where the non-dependant is not a member of the work- related activity group; F8...

F9(b)

to whom Part 3 (disregards) of the Council Tax (Discounts, Disregards and Exemptions) (Wales) Regulations 2026 applies but this paragraph does not apply to a non-dependant who is a student within the meaning of Part 3 of, and Schedule 2 to, those Regulations;

(c)

who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income.

(9)

In the application of sub-paragraph (2) there is to be disregarded from the non-dependant’s weekly gross income—

(a)

any attendance allowance, disability living allowance, personal independence payment or AFIP received by the non-dependant;

(b)

any payment made under or by the Trusts, the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation F10, an approved blood scheme, the Scottish Infected Blood Support Scheme, the London Emergencies Trust, the We Love Manchester Emergency Fund F11, the Victims of Overseas Terrorism Compensation Scheme F12, the Windrush Compensation scheme or the Independent Living Fund (2006) which, had the non-dependant’s income fallen to be calculated under paragraph 51 (calculation of income other than earnings: persons who are not pensioners), would have been disregarded under paragraph 28 of Schedule 7 (income in kind); F13...

F14(ba)

any Post Office compensation payment F15, vaccine damage payment, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation payment;

(c)

any payment which, had the non-dependant’s income fallen to be calculated under paragraph 51 (calculation of income other than earnings: persons who are not pensioners), would have been disregarded under paragraph 41 of Schedule 7 (payments made under certain trusts and certain other payments) F16; F17...

F18(d)

any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State;

F19(e)

any payment out of the estate of a person to that person's son, daughter, step-son or step-daughter which derives from a payment to meet the recommendation of the Infected Blood Inquiry in its interim report published on 29 July 2022 made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme;

(f)

any payment out of the estate of a person, which derives from a payment made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person as a result of that person being infected from contaminated blood products.

F20(10)

For the purposes of sub-paragraph (8), “earned income” (“incwm a enillir”) has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

Annotations

Textual amendments

F1

Sum in Sch. Scheme para. 28(1)(a) substituted (in relation to a council tax reduction scheme made for a financial year beginning on or after 1.4.2026) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/13), regs. 1(2)(3), 18(a)(i)

F2

Sum in Sch. Scheme para. 28(1)(b) substituted (in relation to a council tax reduction scheme made for a financial year beginning on or after 1.4.2026) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/13), regs. 1(2)(3), 18(a)(ii)

F3

Sum in Sch. Scheme para. 28(2)(a) substituted (in relation to a council tax reduction scheme made for a financial year beginning on or after 1.4.2026) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/13), regs. 1(2)(3), 18(b)(i)

F4

Sums in Sch. Scheme para. 28(2)(b) substituted (in relation to a council tax reduction scheme made for a financial year beginning on or after 1.4.2026) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/13), regs. 1(2)(3), 18(b)(ii)

F5

Sums in Sch. Scheme para. 28(2)(c) substituted (in relation to a council tax reduction scheme made for a financial year beginning on or after 1.4.2026) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/13), regs. 1(2)(3), 18(b)(iii)

F6

Words in Sch. Scheme para. 28(6)(a) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2016 (S.I. 2016/50), regs. 1(2), 18(f)

F7

Words in Sch. Scheme para. 28(8)(a) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2018 (S.I. 2018/14), regs. 1(2), 17(f)

F8

Word in Sch. Scheme para. 28(8) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2015 (S.I. 2015/44), regs. 1(2), 18(f)(i)

F9

Sch. Scheme para. 28(8)(b) substituted (for the purposes of a council tax reduction scheme made for a financial year beginning on or after 1.4.2026) by The Council Tax (Discounts, Disregards and Exemptions) (Wales) Regulations 2026 (W.S.I. 2026/8), reg. 1(2)(b)(d), Sch. 4 para. 11(2)

F10

Words in Sch. Scheme para. 28(9)(b) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2018 (S.I. 2018/14), regs. 1(2), 17(g)

F11

Words in Sch. Scheme para. 28(9)(b) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2025 (S.I. 2025/59), regs. 1(2), 15(c)

F12

Words in Sch. Scheme para. 28(9)(b) inserted (in relation to a council tax reduction scheme made for a financial year beginning on or after 1.4.2026) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/13), regs. 1(2)(3), 18(c)

F13

Word in Sch. Scheme para. 28(9)(b) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Amendment) (Wales) Regulations 2024 (S.I. 2024/56), regs. 1(2), 13(c)(i)

F14

Sch. Scheme para. 28(9)(ba) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Amendment) (Wales) Regulations 2024 (S.I. 2024/56), regs. 1(2), 13(c)(ii)

F15

Words in Sch. Scheme para. 28(9)(ba) inserted (in relation to a council tax reduction scheme made for a financial year beginning on or after 1.4.2026) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/13), regs. 1(2)(3), 18(d)

F16

Word in Sch. Scheme para. 28(9)(c) substituted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2018 (S.I. 2018/14), regs. 1(2), 17(h)

F17

Word in Sch. Scheme para. 28(9)(c) omitted (with application in accordance with reg. 1(3) of the amending S.I.) by virtue of The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Amendment) (Wales) Regulations 2024 (S.I. 2024/56), regs. 1(2), 13(c)(iii)

F18

Sch. Scheme para. 28(9)(d) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2018 (S.I. 2018/14), regs. 1(2), 17(i)

F19

Sch. Scheme para. 28(9)(e)(f) inserted (in relation to a council tax reduction scheme made for a financial year beginning on or after 1.4.2026) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Miscellaneous Amendments) (Wales) Regulations 2026 (W.S.I. 2026/13), regs. 1(2)(3), 18(e)

F20

Sch. Scheme para. 28(10) inserted (with application in accordance with reg. 1(3) of the amending S.I.) by The Council Tax Reduction Schemes (Prescribed Requirements and Default Scheme) (Wales) (Amendment) Regulations 2015 (S.I. 2015/44), regs. 1(2), 18(g)

Footnotes

f1

2012 c.5.

f2

1973 c.50; section 2 was substituted by section 25 of the Employment Act 1988 (c.19) and subsequently amended by section 29 of , and Part 1 of Schedule 7 to, the Employment Act 1989 (c.38) and, in relation to Scotland only, section 47 of the Trade Union Reform and Employment Rights Act 1993 (c.19).

f3

1990 c.35; section 2 was amended by section 47 of the Trade Union Reform and Employment Rights Act 1993 (c.19); article 4 of, and paragraph 100 of Schedule 2 to, S.I. 1999/1820; and paragraph 20 of Schedule 26 to the Equality Act 2010 (c.15).

Notes on Schedule

Commencement

I1

Sch. in force at 28.11.2013, see reg. 1(2)