Paragraph 19 Non-dependant deductionsI1

Northern Ireland

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£192.00

(b)

in respect of a non-dependant aged 18 or over to whom head (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 Department that the non-dependant’s gross weekly income is—

C3 C4(a)

less than F3£183.00, the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);

C5 C6 C7(b)

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

C8 C9 C10(c)

not less than F5£279.00 but less than £365.00, the deduction to be made under this paragraph shall be £64.35

C11 C12 C13(d)

not less than F6£365.00 but less than £485.00, the deduction to be made under this paragraph shall be £105.20;

C14 C15 C16(e)

not less than F7£485.00 but less than £605.00, the deduction to be made under this paragraph shall be £119.85.

F8(2A)

Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations (Northern Ireland) 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 shall 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—

F9(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—

F10(zi)

armed forces independence payment,

(i)

an attendance allowance, F11...

F12(ia)

pension age disability payment;

(ii)

the care component of the disability living allowance; oF13...

F14(iia)

the care component of child disability payment;

F15(iib)

the care component of Scottish adult disability living allowance;

(iii)

the daily living component.

F16(iiia)

the daily living component of adult disability payment;

(7)

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

(a)

if, although the non-dependant resides with the claimant, it appears to the Department that the dwelling occupied as the non-dependant’s home is normally elsewhere;

(b)

if the non-dependant is in receipt of a training allowance paid in connection with training provided or arranged by the Department for Employment and Learning under sections 2 and 3 of the Disabled Persons (Employment) Act or section 1(1) of the Employment and Training Act for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;

(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 F17and 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 72 of the Housing Benefit Regulations (non-dependant deductions);

(f)

to whom, but for regulation 71(5) (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 by paragraph 5(13) and “prisoner” has the meaning given by regulation 69(2) (special cases); and

(ii)

in calculating a period of 52 weeks as a patient, any 2 or more distinct periods separated by one or more intervals each not exceeding 28 days is to be treated as a single period; F18...

(h)

if the non-dependant is in receipt of state pension credit ; F19or

F20(i)

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.

F21(7A)

For the purposes of sub-paragraph (7)(i), “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.

(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 F22armed forces independence payment, attendance allowance F23F24, pension age disability payment , disability living allowance F25F26, Scottish adult disability living allowance F27, child disability payment, personal independence payment F28or adult disability payment received by that non-dependant;

(b)

F29any Grenfell Tower payment F30, a child abuse payment F31, Windrush payment F32, Post Office compensation payment F33, LGBT Financial Recognition Scheme payment F34, miscarriage of justice compensation payment, Mother and Baby Scheme payment or any payment made under F35or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust F36, MFET Limited F37, the Skipton Fund, the Caxton Foundation F38, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme F39, the London Emergencies Trust, the We Love Manchester Emergency Fund F40, the National Emergencies Trust or the 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 21 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 40 of Schedule 8 (payments made under certain trusts and certain other payments).

F41(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: Sums in Sch. 6 para. 19(2)(a) substituted (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2026 (S.R. 2026/59), arts. 1(1)(l), 30(7)(b)(i)
F2: Sums in Sch. 6 para. 19(1) substituted (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2026 (S.R. 2026/59), arts. 1(1)(l), 30(7)(a)
F3: Sum in Sch. 6 para. 19(2)(a) substituted (coming into force in accordance with of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(l), 30(7)(b)(i)
F4: Sums in Sch. 6 para. 19(2)(b) substituted (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2026 (S.R. 2026/59), arts. 1(1)(l), 30(7)(b)(ii)
F5: Sums in Sch. 6 para. 19(2)(c) substituted (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2026 (S.R. 2026/59), arts. 1(1)(l), 30(7)(b)(iii)
F6: Sums in Sch. 6 para. 19(2)(d) substituted (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2026 (S.R. 2026/59), arts. 1(1)(l), 30(7)(b)(iv)
F7: Sums in Sch. 6 para. 19(2)(e) substituted (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2026 (S.R. 2026/59), arts. 1(1)(l), 30(7)(b)(v)
F8: Sch. 6 para. 19(2A) inserted (6.4.2018) by The Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (S.R. 2017/176), reg. 1(2)(a), Sch. 5 para. 4(c)(xi) (with regs. 19-21) (as amended by S.R. 2018/37, regs. 1(2), 2(14)(15))
F9: Sch. 6 para. 19(6)(a) substituted (26.11.2014) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/275), regs. 1(1), 7(3)
F10: Sch. 6 para. 19(6)(b)(zi) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 28(6)(b)(i)
F11: Word in Sch. 6 para. 19(6)(b)(i) omitted (20.6.2016) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 34(6)(b)(i)
F12: 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), 29(5)(a)
F13: Word in Sch. 6 para. 19(6)(b)(ii) 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), 26(6)(b)
F14: 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. 10 para. 5(3)
F15: 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), 29(6)(b)(i)
F16: 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), 26(6)(c)
F17: Words in Sch. 6 para. 19(7)(d) substituted (3.4.2017) by The Employment and Support Allowance (Consequential Amendments and Transitional and Savings Provisions) Regulations (Northern Ireland) 2017 (S.R. 2017/51), regs. 1, 2(5)(b) (with Sch. 2)
F18: Word in Sch. 6 para. 19(7)(g) omitted (coming into force in accordance with reg. 1(1) of the amending Rule) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(8)(b)(i)
F19: Word in Sch. 6 para. 19(7)(h) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(8)(b)(ii)
F20: Sch. 6 para. 19(7)(i) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(8)(b)(iii)
F21: Sch. 6 para. 19(7A) inserted (coming into force in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 36(8)(b)(iv)
F22: Words in Sch. 6 para. 19(8)(a) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 28(6)(b)(ii)
F23: Words in Sch. 6 para. 19(8)(a) substituted (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 34(6)(b)(iii)
F24: 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), 29(5)(b)
F25: 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), 26(6)(d)(i)
F26: 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), 29(6)(b)(ii)
F27: 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), 15
F28: 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), 26(6)(d)(ii)
F29: Words in Sch. 6 para. 19(8)(b) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 (S.R. 2020/108), regs. 1(1), 7(10)(a)
F30: Words in Sch. 6 para. 19(8)(b) inserted (5.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/345), regs. 1(1), 7(6)
F31: Words in Sch. 6 para. 19(8)(b) substituted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2023 (S.R. 2023/97), regs. 1(1), 7(6)
F32: Words in Sch. 6 para. 19(8)(b) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 8(6)
F33: Words in Sch. 6 para. 19(8)(b) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 7(6)
F34: Words in Sch. 6 para. 19(8)(b) substituted (30.10.2026) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2026 (S.R. 2026/177), regs. 1(1), 6(6)
F35: Words in Sch. 6 para. 19(8)(b) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(1), 10(5)(d)
F36: Words in Sch. 6 para. 19(8)(b) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(1), 10(3)(e)
F37: Words in Sch. 6 para. 19(8)(b) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 21(8)(c)
F38: Words in Sch. 6 para. 19(8)(b) inserted (30.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations (Northern Ireland) 2017 (S.R. 2017/219), regs. 1(1), 8(3)(d)
F39: Words in Sch. 6 para. 19(8)(b) inserted (27.9.2017) by The Social Security (Emergency Funds) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/205), regs. 1(1), 8(3)(d)
F40: Words in Sch. 6 para. 19(8)(b) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations (Northern Ireland) 2020 (S.R. 2020/108), regs. 1(1), 7(10)(b)
F41: Sch. 6 para. 19(8)(d) added (30.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations (Northern Ireland) 2017 (S.R. 2017/219), regs. 1(1), 8(4)

Modifications

C1: Sch. 6 para. 19(1): sums confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/89), art. 25(5)(a)
C2: Sch. 6 para. 19(1): sum confirmed (coming into force in accordance with art. 1(1)(m) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 25(5)(a)
C3: Sch. 6 para. 19(2)(a): sum confirmed (coming into force in accordance with art. 1(1)(m) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 25(5)(b)
C4: Sch. 6 para. 19(2)(a): sum confirmed (coming into force in accordance with art. 1(1)(n) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2021 (S.R. 2021/82), arts. 1(1)(n), 31(8)(b)(i)
C5: Sch. 6 para. 19(2)(b): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/89), art. 25(5)(c)
C6: Sch. 6 para. 19(2)(b): sum confirmed (coming into force in accordance with art. 1(1)(m) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 25(5)(c)
C7: Sch. 6 para. 19(2)(b): sums confirmed (coming into force in accordance with art. 1(1)(n) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2021 (S.R. 2021/82), arts. 1(1)(n), 31(8)(b)(ii)
C8: Sch. 6 para. 19(2)(c): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/89), art. 25(5)(d)
C9: Sch. 6 para. 19(2)(c): sum confirmed (coming into force in accordance with art. 1(1)(m) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 25(5)(d)
C10: Sch. 6 para. 19(2)(c): sums confirmed (coming into force in accordance with art. 1(1)(n) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2021 (S.R. 2021/82), arts. 1(1)(n), 31(8)(b)(iii)
C11: Sch. 6 para. 19(2)(d): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/89), art. 25(5)(e)
C12: Sch. 6 para. 19(2)(d): sum confirmed (coming into force in accordance with art. 1(1)(m) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 25(5)(e)
C13: Sch. 6 para. 19(2)(d): sums confirmed (coming into force in accordance with art. 1(1)(n) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2021 (S.R. 2021/82), arts. 1(1)(n), 31(8)(b)(iv)
C14: Sch. 6 para. 19(2)(e): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/89), art. 25(5)(f)
C15: Sch. 6 para. 19(2)(e): sum confirmed (coming into force in accordance with art. 1(1)(m) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 25(5)(f)
C16: Sch. 6 para. 19(2)(e): sums confirmed (coming into force in accordance with art. 1(1)(n) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2021 (S.R. 2021/82), arts. 1(1)(n), 31(8)(b)(v)

Commencement

I1: Sch. 6 para. 19 in operation at 27.10.2008, see reg. 1(1)