Paragraph 19 Non-dependant deductions

England, Wales and Scotland

(1)

Subject to the following provisions of this paragraph, the following deductions from the amount to be met under the preceding paragraphs of this Schedule in respect of housing costs are to be made—

(a)

in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, F1£131.45;

(b)

in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, F2£20.40.

(2)

In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies because that non-dependant is in remunerative work, where the claimant satisfies the Secretary of State that the non-dependant's gross weekly income is—

(a)

less than F3£192.00 the deduction to be made under this paragraph will be the deduction specified in sub-paragraph (1)(b);

(b)

not less than F4£192.00 but less than F5£279.00, the deduction to be made under this paragraph will be F6£46.85;

(c)

not less than F7£279.00 but less than F8£365.00, the deduction to be made under this paragraph will be F9£64.35;

(d)

not less than F10£365.00 but less than F11£485.00, the deduction to be made under this paragraph will be F12£105.20;

(e)

not less than F13£485.00 but less than F14£605.00, the deduction to be made under this paragraph will be F15£119.85.

F16(2A)

Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.

(3)

Only one deduction is to be made under this paragraph in respect of a couple or, as the case may be, the members of a polygamous marriage, and where, but for this sub-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 will be had, for the purpose of sub-paragraph (2), to the couple's or, as the case may be, all the members of the polygamous marriage's, joint weekly income.

(5)

Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant is to be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the housing costs in respect of the dwelling occupied as the home payable by each of them.

(6)

No deduction is to be made in respect of any non-dependants occupying the dwelling occupied as the home of the claimant, if the claimant or any partner of the claimant is—

F17(a)

certified as blind or severely sight impaired by a consultant ophthalmologist, or who is within 28 weeks of ceasing to be so certified;

(b)

receiving in respect of that claimant or that claimant's partner either—

(i)

an attendance allowance; F18...

F19(ia)

pension age disability payment;

(ii)

the care component of the disability living allowanceF20; F21...

F22(iia)

the care component of child disability payment;

F23(iib)

the care component of Scottish adult disability living allowance;

(iii)

the daily living componentF24; F25...

F26(iiia)

the daily living component of adult disability payment; or

(iv)

armed forces independence payment.

(7)

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

(a)

if, although the resides with the claimant, it appears to the Secretary of State that the dwelling occupied as the non-dependant's home is normally elsewhere;

(b)

if the F27non-dependant is in receipt of a training allowance paid in connection with youth training;

(c)

if the non-dependant is a full-time student during a period of study or, if the non-dependant is not in remunerative work, during a recognised summer vacation appropriate to the non-dependant's course;

(d)

if the non-dependant is aged under 25 and in receipt of income support, an income-based jobseeker's allowance or an income-related allowance ~~F28which does not include an amount under section 4(2)(b) of the Act~~ and they are still in the assessment phase in accordance with regulation 4;

(e)

in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 74 of the Housing Benefit Regulations 2006 (non-dependant deductions);

F29(f)

to whom, but for paragraph (5) of regulation 71 (definition of non-dependant) paragraph (4) of that regulation would apply;

(g)

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

(i)

“patient” has the meaning given in paragraph 5(13) and “prisoner” has the meaning given in regulation 69(2) (special cases); and

(ii)

in calculating a period of 52 weeks as a patient, any two or more distinct periods separated by one or more intervals each not exceeding 28 days is to be treated as a single period; F30...

(h)

if the non-dependant is in receipt of state pension credit; F31or

(ha)

if the non-dependant is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that the non-dependant does not have any earned income;

F32(7ZA)

F33For the purposes of sub-paragraph (7)(b)—

“youth training” means—

(i)
arrangements made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or
(ii)
arrangements made by the Secretary of State for persons enlisted in Her Majesty's forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966 (power of Defence Council to make regulations as to engagement of persons in regular forces),

for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.

F34(7A)

For the purposes of sub-paragraph (7)(ha), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

(8)

In the case of a non-dependant to whom sub-paragraph (2) applies because that non-dependant is in remunerative work, there is to be disregarded from that non-dependant's gross income—

(a)

any attendance allowance F35, pension age disability payment F36, disability living allowance F37, Scottish adult disability living allowance F38, child disability payment F39, armed forces independence payment F40, personal independence payment F41or adult disability payment received by that non-dependant;

(b)

F42any Grenfell Tower payment F43, child abuse payment F44, Windrush payment F45, Post Office compensation payment F46, LGBT Financial Recognition Scheme payment F47, miscarriage of justice compensation payment, Mother and Baby Scheme payment or any payment made under F48or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust F49, MFET F50, the Skipton Fund, the Caxton FoundationF51, the Scottish Infected Blood Support Scheme F52, an approved blood scheme F53, the London Emergencies Trust, the We Love Manchester Emergency Fund F54, the National Emergencies Trust or F55the Independent Living Fund (2006) which, had that non-dependant's income fallen to be calculated under regulation 104 (calculation of income other than earnings), would have been disregarded under paragraph 22 of Schedule 8 (income in kind); and

(c)

any payment which, had that non-dependant's income fallen to be calculated under regulation 104 would have been disregarded under paragraph 41 of Schedule 8 (payments made under certain trusts and certain other payments).

F56(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.

Annotations

Textual amendments

F1: Sum in Sch. 6 para. 19(1)(a) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(a)
F2: Sum in Sch. 6 para. 19(1)(b) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(b)
F3: Sum in Sch. 6 para. 19(2)(a) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(c)
F4: Sum in Sch. 6 para. 19(2)(b) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(d)(ii)
F5: Sum in Sch. 6 para. 19(2)(b) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(d)(iii)
F6: Sum in Sch. 6 para. 19(2)(b) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(d)(i)
F7: Sum in Sch. 6 para. 19(2)(c) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(e)(ii)
F8: Sum in Sch. 6 para. 19(2)(c) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(e)(iii)
F9: Sum in Sch. 6 para. 19(2)(c) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(e)(i)
F10: Sum in Sch. 6 para. 19(2)(d) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(f)(ii)
F11: Sum in Sch. 6 para. 19(2)(d) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(f)(iii)
F12: Sum in Sch. 6 para. 19(2)(d) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(f)(i)
F13: Sum in Sch. 6 para. 19(2)(e) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(g)(ii)
F14: Sum in Sch. 6 para. 19(2)(e) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(g)(iii)
F15: Sum in Sch. 6 para. 19(2)(e) substituted (coming into force in accordance with art. 1(3)(l) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(l), 30(7)(g)(i)
F16: Sch. 6 para. 19(2A) inserted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 1(c)(xi)
F17: Sch. 6 para. 19(6)(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(7)(b)
F18: Word in Sch. 6 para. 19(6)(b)(i) omitted (8.4.2013) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(6)(b)(i)
F19: Sch. 6 para. 19(6)(b), (ia) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 13(5)(a)
F20: Sch. 6 para. 19(6)(b)(iii) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(6)(b)(ii)
F21: Word in Sch. 6 para. 19(6)(b) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 37(6)(b)(i)
F22: Sch. 6 para. 19(6)(b)(iia) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 9 para. 5(3)
F23: Sch. 6 para. 19(6)(b), (iib) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 13(6)(b)(i)
F24: Sch. 6 para. 19(6)(b)(iv) and word inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 37(6)(b)(ii)
F25: Word in Sch. 6 para. 19(6)(b)(iii) omitted (21.3.2022) by virtue of The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 11(6)(c)
F26: Sch. 6 para. 19(6)(b)(iiia) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 11(6)(d)
F27: Words in Sch. 6 para. 19(7)(a) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 16(h)(i)
F28: Words in Sch. 6 para. 19(7)(d) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), regs. 1, 2(5)(b) (with Sch. 2 paras. 1-7)
F29: Sch. 6 para. 19(7)(f) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 16(h)(ii)
F30: Word in Sch. 6 para. 19(7) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 37(7)(b)(i)
F31: Sch. 6 para. 19(7)(ha) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 37(7)(b)(i)
F32: Sch. 6 para. 19(7ZA): para. (7)(i) renumbered as para. (7ZA) (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(36)(a)
F33: Words in Sch. 6 para. 19(7ZA) substituted (29.10.2013) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2013 (S.I. 2013/2536), regs. 1(1), 13(36)(b)
F34: Sch. 6 para. 19(7A) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 37(7)(b)(ii)
F35: Words in Sch. 6 para. 19(8)(a) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 13(5)(b)
F36: Words in Sch. 6 para. 19(8)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 40(6)(b)(iii)
F37: Words in Sch. 6 para. 19(8)(a) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 13(6)(b)(ii)
F38: Words in Sch. 6 para. 19(8)(a) inserted (16.7.2026) by The Social Security (Scotland) Act 2018 (Disability and Carer Benefits) (Consequential Amendments) Order 2026 (S.I. 2026/679), arts. 1(1), 8
F39: Words in Sch. 6 para. 19(8)(a) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 37(6)(b)(iii)
F40: Sch. 6 para. 19(8)(a): comma substituted for word (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 11(6)(b)(i)
F41: Words in Sch. 6 para. 19(8)(a) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 11(6)(b)(ii)
F42: Words in Sch. 6 para. 19(8)(b) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 7(10)(a)
F43: Words in Sch. 6 para. 19(8)(b) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 7(6)
F44: Words in Sch. 6 para. 19(8)(b) substituted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 7(6)
F45: Words in Sch. 6 para. 19(8)(b) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 8(6)
F46: Words in Sch. 6 para. 19(8)(b) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 7(6)
F47: Words in Sch. 6 para. 19(8)(b) substituted (30.10.2026) by The Social Security (Miscellaneous Amendments) Regulations 2026 (S.I. 2026/1063), regs. 1(1), 6(6)
F48: Words in Sch. 6 para. 19(8)(b) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 12(5)(d)
F49: Words in Sch. 6 para. 19(8)(b) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 12(3)(e)
F50: Words in Sch. 6 para. 19(8)(b) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 23(8)
F51: Words in Sch. 6 para. 19(8)(b) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 8(3)(d)
F52: Words in Sch. 6 para. 19(8)(b) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 8(3)(d)
F53: Words in Sch. 6 para. 19(8)(b) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 8(3)(d)
F54: Words in Sch. 6 para. 19(8)(b) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 7(10)(b)
F55: Words in Sch. 6 para. 19(8)(b) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 16(i)
F56: Words in Sch. 6 para. 19(8)(d) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 8(4)

Notes on the whole SI

Textual amendments

F1: Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.
F2: Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.
F3: Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.
F4: Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.
F5: 2007 c. 5.
F6: 1992 c. 5.
F7: 1998 c. 14.

Notes on Schedule 6

Textual amendments

F1: Word in Sch. 6 heading substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 16(a)