Regulation 3 Definition of non-dependant

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 21AA(4)(zzc(i) word omitted by Social Security (Habitual Residence and Past Presence) 2022 reg.002(1)(a)(2)(a)
reg. 21AA(4)(zzc(ii) word added by Social Security (Habitual Residence and Past Presence) 2022 reg.002(1)(b)(2)(a)
reg. 21AA(4)(zzc(iii) added by Social Security (Habitual Residence and Past Presence) 2022 reg.002(1)(c)(2)(a)
reg. 6(2)(3 omitted by Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) 2003 reg. 2(a)(i)

(1)

In these regulations, ''non-dependant'' means any person, except someone to whom paragraph (2) applies, who normally resides with a claimant.

(2)

This paragraph applies to—

(a)

any member of the claimant's family;

(b)

a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 16 (circumstances in which a person is to be treated as being or not being a member of the household);

(c)

a person who jointly occupies the claimant's dwelling;

(d)

subject to paragraph (3), any person who is liable to make payments in respect of his occupation of the dwelling to the claimant or the claimant's partner;

(e)

a person who lives with the claimant -in order to care for him or a partner of his and who is engaged by a charitable or voluntary body (other than a Health and Social Services Board) which makes a charge to the claimant or his partner for the services provided by that person.

(3)

A person, other than one to whom paragraph (2)(a) to (c) or (e) applies, who lives in board and lodging accommodation or a hostel within the meaning of regulation 20(2) (persons in board and lodging accommodation and hostels) shall be a non-dependant.

(4)

For the purposes of this regulation a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area.

(5)

In this regulation “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.