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Paragraph 17 Non-dependant deductionsI1

Northern Ireland Not yet in force

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

(1)

Subject to sub-paragraphs (2) to (8), the following deductions from the amount to be met under paragraphs 1 to 16 in respect of housing costs shall be made—

(a)

in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £32·00;

(b)

in respect of a non-dependant aged 18 or over to whom head (a) does not apply, £6·00.

(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 the adjudication officer that the non-dependant’s gross weekly income is—

(a)

less than £76·00, the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);

(b)

not less than £76·00 but less than £114·00, the deduction to be made under this paragraph shall be £10·00;

(c)

not less than £114·00 but less than £150·00, the deduction to be made under this paragraph shall be £16·00.

(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)

blind or treated as 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

(ii)

the care component of the disability living allowance.

(7)

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

(a)

if, although he resides with the claimant, it appears to the adjudication officer that the dwelling occupied as his home is normally elsewhere;

(b)

if he is in receipt of a training allowance;

(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;

(d)

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

(e)

in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 63 of the Housing Benefit (General) Regulations 1987f1 (non-dependant deductions);

(f)

to whom, but for regulation 2(5) (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 6 weeks, or is a prisoner, and for these purposes—

(i)

“patient” and “prisoner” respectively have the meanings given in regulation 85(4) (special cases), and

(ii)

the period of 6 weeks shall be calculated by reference to paragraph (2) of that regulation as if that paragraph applied in his case.

(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 or disability living allowance received by him;

(b)

any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living Funds 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 6 (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 6 (payments made under certain trusts and certain other payments).

Annotations

Commencement

I1

Sch. 2 para. 17 in operation at 7.10.1996, see reg. 1(1)

Footnotes

f1

Regulation 63 was amended by S.R. 1989 No. 125, S.R. 1990 Nos. 125, 136 and 345, S.R. 1992 Nos. 85 and 549, S.R. 1993 Nos. 145, 195 and 233, S.R. 1994 No. 81 and S.R. 1995 Nos. 71 and 84