Paragraph 17 Non-dependant deductions

(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 shall be made—

F1(a)

in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, F2£131.45.

(b)

in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, F3£20.40.

(2)

In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies because he is in remunerative work, where the claimant satisfies F4the Secretary of State that the non-dependant’s gross weekly income is—

(a)

less than F5£192.00 the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);

(b)

not less than F6£192.00 but less than F7£279.00 the deduction to be made under this paragraph shall be F8£46.85

(c)

not less than F9£279.00 but less than F10£365.00 the deduction to be made under this paragraph shall be F11£64.35

F12(d)

not less than F13£365.00 but less than F14£485.00 the deduction to be made under this paragraph shall be F15£105.20;

(e)

not less than F16£485.00 but less than F17£605.00 the deduction to be made under this paragraph shall be F18£119.85.

F19(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 shall 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 shall 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 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 housing costs in respect of the dwelling occupied as the home payable by each of them.

(6)

No deduction shall 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 his is—

(a)

F20severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 14(1)(h) and (2) of Schedule 1 (additional condition for the higher pensioner and disability premiums); or

(b)

receiving in respect of himself either–

(i)

an attendance allowance, or

F21(ia)

pension age disability payment, or

(ii)

the care component of the disability living allowanceF22, F23...

F24or

(iia)

the care component of child disability payment;

(F25iib)

the care component of Scottish adult disability living allowance, or

(iii)

the daily living component of personal independence paymentF26; or

(F27iiia)

the daily living component of adult disability payment;

(iv)

armed forces independence payment.

(7)

No deduction shall be made in respect of a non-dependant–

(a)

if, although he resides with the claimant, it appears to F28the Secretary of State that the dwelling occupied as his home is normally elsewhere; or

F29(b)

if he is in receipt of F30a training allowance paid in connection with F31youth training established under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or

(c)

if he is a full-time student during a period of study or, if he is not in remunerative work, during a recognised summer vacation appropriate to his course; or

(d)

if he is aged under 25 and in receipt of F32an income-based jobseeker’s allowance or income support; or

(e)

in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under F33regulation 74 of the Housing Benefit Regulations 2006 (non-dependant deductions); or

(f)

to whom, but for paragraph (5) of regulation 2 (definition of non-dependant) paragraph (4) of that regulation would apply; or

(g)

if he is not residing with the claimant because he has been a patient for a period in excess of F3452 weeks, or is a prisoner, and for these purposes—

F35(i)

“patient” has the meaning given in paragraph 3(13)(b) and “prisoner” has the meaning given in regulation 85(4), and

(ii)

in calculating any period of 52 weeks as a patient, any two or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; F36...

F37(h)

if he is in receipt of state pension credit F38or

(i)

he is aged less than 25 and is in receipt of employment and support allowance F39income-related which does not include an amount under section 4(4) F40... of the Welfare Reform Act ... F41(component) and is not a member of the work-related activity groupF42; or

(j)

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

(8)

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

(a)

any attendance allowance F43, pension age disability payment F44, disability living allowance F45, Scottish adult disability living allowance F46, child disability payment F47, armed forces independence payment F48, personal independence payment F49or adult disability payment received by him;

(b)

F50any Grenfell Tower payment F51, child abuse payment F52, Windrush payment F53, Post Office compensation payment F54, LGBT Financial Recognition Scheme payment or miscarriage of justice compensation paymentor any payment made under F55or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No.2) Trust, the Fund, the Eileen Trust F56, MFET Limited F57, the Skipton Fund, the Caxton Foundation F58, the Scottish Infected Blood Support Scheme F59, an approved blood scheme F60, the London Emergencies Trust, the We Love Manchester Emergency Fund F61, the National Emergencies Trust or the Independent Living F62Fund (2006) which, had his income fallen to be calculated under regulation 103 (calculation of income other than earnings), would have been disregarded under paragraph 22 of Schedule 7 (income in kind); and

(c)

any payment which, had his income fallen to be calculated under regulation 103 would have been disregarded under paragraph 41 of Schedule 7 (payments made under certain trusts and certain other payments).

F63(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.

F64(9)

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

Annotations

Textual amendments

F1: Sch. 2 para. 17(1)(a)(b) substituted for Sch. 2 para. 17(1)(a)-(c) (4.4.2005) by The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2327), regs. 1(1)(c), 6(b)(i)
F2: Sum in Sch. 2 para. 17(1)(a) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(a)
F3: Sum in Sch. 2 para. 17(1)(b) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(b)
F4: Words in Sch. 2 para. 17(2) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 2
F5: Sum in Sch. 2 para. 17(2)(a) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(c)
F6: Sum in Sch. 2 para. 17(2)(b) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(d)(ii)
F7: Sum in Sch. 2 para. 17(2)(b) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(d)(iii)
F8: Sum in Sch. 2 para. 17(2)(b) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(d)(i)
F9: Sum in Sch. 2 para. 17(2)(c) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(e)(ii)
F10: Sum in Sch. 2 para. 17(2)(c) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(e)(iii)
F11: Sum in Sch. 2 para. 17(2)(c) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(e)(i)
F12: Sch. 2 para. 17(2)(d)(e) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Non-Dependant Deductions) Regulations 1996 (S.I. 1996/2518), regs. 1(1)(c), 4(b)
F13: Sum in Sch. 2 para. 17(2)(d) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(f)(ii)
F14: Sum in Sch. 2 para. 17(2)(d) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(f)(iii)
F15: Sum in Sch. 2 para. 17(2)(d) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(f)(i)
F16: Sum in Sch. 2 para. 17(2)(e) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(g)(ii)
F17: Sum in Sch. 2 para. 17(2)(e) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(g)(iii)
F18: Sum in Sch. 2 para. 17(2)(e) substituted (coming into force in accordance with art. 1(3)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(i), 26(7)(g)(i)
F19: Sch. 2 para. 17(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. 3(f)(xiv)
F20: Words in Sch. 2 para. 17(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(3)(b)
F21: Sch. 2 para. 17(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), 6(8)(a)
F22: Sch. 2 para. 17(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. 16(8)(a)
F23: Word in Sch. 2 para. 17(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. 10(8)(a)
F24: Sch. 2 para. 17(6)(b)(iia) and word 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. 3 para. 9(a)
F25: Sch. 2 para. 17(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), 7(8)(a)
F26: Sch. 2 para. 17(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. 10(8)(b)
F27: Sch. 2 para. 17(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), 5(8)(a)
F28: Words in Sch. 2 para. 17(7)(a) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), art. 3(1), Sch. 12 para. 2
F29: Sch. 2 para. 17(7)(b) substituted (7.10.1996) by The Jobseeker’s Allowance and Income Support (General) (Amendment) Regulations 1996 (S.I. 1996/1517), regs. 1, 29(5)
F30: Words in Sch. 2 para. 17(7)(b) substituted (28.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Miscellaneous Amendments) Regulations 1996 (S.I. 1996/2538), regs. 1, 2(12)(c)(ii)
F31: Words in Sch. 2 para. 17(7)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(10)(e)
F32: Words in Sch. 2 para. 17(7)(d) substituted (7.4.1997) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 4(3)
F33: Words in Sch. 2 para. 17(7)(e) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 8(4)(c) (with regs. 2, 3, Sch. 3, Sch. 4)
F34: Word in Sch. 2 para. 17(7)(g) substituted (coming into force in accordance with reg. 1(f) of the amending S.I.) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(f), 6(4)
F35: Words in Sch. 2 para. 17(7)(g)(i)(ii) substituted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(4)
F36: Word in Sch. 2 para. 17(7)(g) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(f)(i)
F37: Sch. 2 para. 17(7)(h) added (4.4.2005) by The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2327), regs. 1(1)(c), 6(b)(ii)(bb)
F38: Sch. 2 para. 17(7)(i) and word added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(f)(ii)
F39: Words in Sch. 2 para. 17(7)(i) inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 4(11)(b)
F40: Word in Sch. 2 para. 17(7)(i) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 3(3)(b)(i) (with Sch. 2 paras. 1-7)
F41: Words in Sch. 2 para. 17(7)(i) inserted (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), reg. 1, Sch. 1 para. 3(3)(b)(ii) (with Sch. 2 paras. 1-7)
F42: Sch. 2 para. 17(7)(j) 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), 30(7)(b)(i)
F43: Words in Sch. 2 para. 17(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), 6(8)(b)
F44: Words in Sch. 2 para. 17(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. 16(8)(b)
F45: Words in Sch. 2 para. 17(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), 7(8)(b)
F46: Words in Sch. 2 para. 17(8)(a) 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. 3 para. 9(b)
F47: Words in Sch. 2 para. 17(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. 10(8)(c)
F48: Sch. 2 para. 17(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), 5(8)(b)(i)
F49: Words in Sch. 2 para. 17(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), 5(8)(b)(ii)
F50: Words in Sch. 2 para. 17(8)(b) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(10)(a)
F51: Words in Sch. 2 para. 17(8)(b) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 3(6)
F52: Words in Sch. 2 para. 17(8)(b) substituted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 3(6)
F53: Words in Sch. 2 para. 17(8)(b) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 3(6)
F54: Words in Sch. 2 para. 17(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), 3(6)
F55: Words in Sch. 2 para. 17(8)(b) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(8)(d)
F56: Words in Sch. 2 para. 17(8)(b) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 4(3)(e)
F57: Words in Sch. 2 para. 17(8)(b) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 10(9)
F58: Words in Sch. 2 para. 17(8)(b) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 4(3)(d)
F59: Words in Sch. 2 para. 17(8)(b) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(3)(d)
F60: Words in Sch. 2 para. 17(8)(b) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 3(3)(d)
F61: Words in Sch. 2 para. 17(8)(b) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 3(10)(b)
F62: Words in Sch. 2 para. 17(8)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 4(7)(d)
F63: Sch. 2 para. 17(8)(d) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 3(4)
F64: Sch. 2 para. 17(9) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 30(7)(b)(ii)

Notes on the whole SI

Textual amendments

F1: 1995 c.18.
F2: Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".
F3: 1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".
F4: 1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".
F5: See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).

Notes on Schedule 2

Modifications

C1: Sch. 2 para. 4A applied (with modifications) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(2), 6(a) (with regs. 3, 7)
C2: Sch. 2 para. 4A applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(b) (with reg. 8)