Regulation 72 Non-dependant deductionsI1

Northern Ireland

C1 C2 C3 C4(1)

Subject to the following provisions of this regulation, the deductions referred to in regulation 68 shall be—

(a)

in respect of a non-dependant aged 18 or over in remunerative work—

(i)

in calculating the amount of a rent rebate or allowance, F1£131.45 per week;

(ii)

in calculating the amount of a rate rebate, F2£9∙90 per week;

(b)

in respect of a non-dependant aged 18 or over to whom sub-paragraph (a) does not apply—

(i)

in calculating the amount of a rent rebate or allowance, £20.40 per week;

(ii)

in calculating the amount of a rate rebate, £3∙30 per week.

(2)

In the case of a non-dependant aged 18 or over to whom paragraph (1)(a) applies because he is in remunerative work, where it is shown to the appropriate authority that his normal weekly gross income is—

C5 C6(a)

less than F3£192.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be that specified in paragraph (1)(b)(i);

C7 C8 C9 C10 C11(b)

not less than F4£192.00 but less than £279.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £46.85;

C12 C13 C14 C15 C16(c)

not less than F5£279.00 but less than £365.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £64.35;

C17 C18 C19 C20 C21(d)

not less than F6£365.00 but less than £485.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £105.20;

C22 C23 C24 C25 C26(e)

not less than F7£485.00 but less than £605.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £119.85;

C27(f)

less than F8£183∙00, the deduction to be made under this regulation in respect of a rate rebate shall be that specified in paragraph (1)(b)(ii);

C28 C29 C30 C31(g)

not less that F9£183∙00 but less than £316∙00, the deduction to be made under this regulation in respect of a rate rebate shall be £6∙55;

C32 C33 C34 C35(h)

not less than F10£316∙00 but less than £394∙00, the deduction to be made under this regulation in respect of a rate rebate shall be £8∙25.

(3)

Only one deduction shall be made under this regulation in respect of a 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 couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of paragraph (2) to the couple’s or, as the case may be, all members of the polygamous marriage’s joint weekly gross 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 shall 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 payments in respect of the dwelling payable by each of them.

(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)

F11severely sight impaired or blind or treated as severely sight impaired or blind by virtue of paragraph 13 of Schedule 4; or

(b)

receiving in respect of himself either—

F12(zi)

armed forces independence payment,

(i)

attendance allowance, F13...

F14(ia)

pension age disability payment;

(ii)

the care component of the disability living allowance, F15F16...

(F17iia)

the care component of child disability payment, F18...

(F19iib)

the care component of Scottish adult disability living allowance;

(iii)

the daily living component of personal independence payment. F20or

(iv)

the daily living component of adult disability payment;

(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;

F21(b)

he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the 1950 Act for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;

(c)

he is a full-time student during a period of study within the meaning of Part VII;

(d)

he is a full-time student and during a recognised summer vacation appropriate to his course he is not in remunerative work;

(e)

he is a full-time student and the claimant or his partner has attained F22pensionable age; F23...

(f)

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

(i)

“patient” has the meaning given in paragraph (18) of regulation 7;

(ii)

where a person has been a patient for 2 or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods, and

(iii)

“prisoner” means a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court other than a person who is detained in hospital under the Mental Health (Northern Ireland ) Order 1986^f1 F24; or

(g)

he is not residing with the claimant because he is a member of the armed forces away on operations.

(8)

No deduction shall be made in calculating the amount of—

(a)

a rent rebate or allowance in respect of a non-dependant aged less than 25 who is on income support F25, an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component F26...) F27or 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 F28and where the non-dependant is not a member of the work-related activity group;

(b)

a rate rebate in respect of a non-dependant who is on income support F29, an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component) F30or 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 case of a non-dependant to whom paragraph (2) applies because he is in remunerative work, there shall be disregarded from his weekly gross income—

(a)

any F31armed forces independence payment, attendance allowance F32, pension age disability payment F33, disability living allowance F34, Scottish adult disability living allowance F35, child disability payment F36, personal independence payment F37or adult disability payment received by him;

(b)

any payment made under F38or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust F39, MFET Limited F40, the Skipton Fund, the Caxton Foundation F41, the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme F42, the London Emergencies Trust, the We Love Manchester Emergency Fund F43, the National Emergencies Trust F44, the Victims of Overseas Terrorism Compensation Scheme or the Independent Living F45Fund (2006) which had his income fallen to be calculated under regulation 37 would have been disregarded under paragraph 24 of Schedule 6; and

F46(ba)

any Grenfell Tower payment;

F47(bb)

any child abuse payment;

(bc)

any Windrush payment;

F48(bd)

any Post Office compensation payment;

F49(be)

any LGBT Financial Recognition Scheme payment;

F50(bf)

any miscarriage of justice compensation payment;

F51(bg)

any Mother and Baby Scheme payment;

(c)

any payment which had his income fallen to be calculated under regulation 37 would have been disregarded under paragraph 37 of Schedule 6.

F52(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.

(10)

No deduction shall be made in respect of a non-dependant who is on state pension credit.

F53(11)

For the purposes of paragraph (8) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.