Explanatory note

These Regulations further amend the Housing Benefit (General) Regulations 1987 and the Income Support (General) Regulations 1987 in respect of the deductions to be made when determining the amount respectively of housing benefit or income support to which a person may be entitled where he has a non-dependant residing with him.

Formerly, there were two rates of weekly deduction (set at £5.70 and £13.50). These Regulations increase these rates to four. The lowest rate, set at £4.00, will apply to those not in remunerative work, or working but with gross weekly incomes of less than £65. For other non-dependants who work, one of three higher rate deductions will apply. These are set at £8, £12 and £18, for non-dependants with gross incomes of up to £100, up to £130, and £130 and over, respectively (regulations 2(a) and (b) and 3(a) and (b)).

They provide that no deduction is to be made in respect of a non-dependant where a claimant or his partner is receiving either attendance allowance or the care component of disability living allowance, or where a person who would otherwise be treated as a non-dependant has been a patient for more than 6 weeks, or is in prison (regulations 2(c) and (d) and 3(c) and (d)).

They further provide that income from attendance allowance or disability living allowance shall be disregarded in calculating a non-dependant’s gross weekly income (regulations 2(e) and 3(e)).