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Regulation 14 Non-dependant deductions

(1)

In the case of a legacy benefit claimant or SPC claimant, a deduction from each loan payment shall be made in respect of any non-dependant in accordance with paragraph (2).

(2)

The amount to be deducted is calculated as follows.

Step 1

Identify the amount which is the sum of the loan payment calculated under regulation 10 and the amount of housing costs (if any) paid to a claimant under—

(a)

paragraph 17 of Schedule 3 to the IS Regulationsf1;

(b)

paragraph 16 of Schedule 2 to the JSA Regulationsf2;

(c)

paragraph 18 of Schedule 6 to the ESA Regulations; or

(d)

paragraph 13 of Schedule 2 to the SPC Regulationsf3.

Step 2

Identify the total amount of the non-dependant deductions applicable to the claimant under—

(a)

paragraph 18 of Schedule 3 to the IS Regulationsf4;

(b)

paragraph 17 of Schedule 2 to the JSA Regulationsf5;

(c)

paragraph 19 of Schedule 6 to the ESA Regulationsf6; or

(d)

paragraph 14 of Schedule 2 to the SPC Regulationsf7.

Step 3

Identify the proportion of the non-dependant deductions applicable to the loan payment and housing costs (if any) in Step 1 by applying the formula—

A×(B÷C)

where—

  • “A” is the total amount of the non-dependant deductions identified in Step 2,

  • “B” is the amount of the loan payment calculated under regulation 10, and

  • “C” is the amount identified in Step 1.

The result is the amount of the non-dependant deduction to be made from each loan payment in the case of a legacy benefit claimant or SPC claimant.

Annotations

Footnotes

f1

Paragraph 17 was amended by S.I. 2006/217 and 2378.

f2

Paragraph 16 was amended by S.I. 2006/217 and 2378.

f3

Paragraph 13 was amended by S.I. 1987/1967, 1996/207, 2002/3019, 2006/2378, 2008/794 and 2017/524.

f4

Paragraph 18 was amended by S.I. 1995/2927, 1996/2518, 2004/2327, 2005/3360, 2006/217, 2008/1553 and 2767, 2010/641, 2011/2425, 2013/388, 443, 591 and 630, 2014/2888 and 2017/204 and 329.

f5

Paragraph 17 was amended by S.I. 1996/1517 and 2538, 1997/827, 1999/2518 and 2860, 2003/1195, 2004/2327, 2005/3360, 2006/217, 2008/1554 and 2767, 2010/641, 2011/2425, 2013/388, 443, 591 and 630, 2014/2888, 2017/204, 260 and 329.

f6

Paragraph 19 was amended by S.I. 2008/2428, 2013/388, 591 and 630, 2014/2888 and 2017/204.

f7

Paragraph 14 was amended by S.I. 1987/1968, 2002/3197, 2003/526, 1195 and 2274, 2004/552 and 2327, 2005/522 and 3360, 2006/645 and 2378, 2007/668, 2008/632, 1554 and 2767, 2009/497, 2010/641 and 793, 2011/821 and 2425, 2012/780, 2013/388, 443, 574, 591 and 630, 2014/516 and 2888, 2015/457, 2016/242, 2017/204, 260 and 329.