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 (calculation of each loan payment) and the amount of housing costs (if any) paid to a claimant under—

(a)

paragraph 17 of Schedule 3 to the IS Regulations M1 (other housing costs);

(b)

paragraph 16 of Schedule 2 to the JSA Regulations M2 (other housing costs);

(c)

paragraph 18 of Schedule 6 to the ESA Regulations M3 (other housing costs); or

(d)

paragraph 13 of Schedule 2 to the SPC Regulations M4 (other housing costs).

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 Regulations (non-dependant deductions) M5;

(b)

paragraph 17 of Schedule 2 to the JSA Regulations (non-dependent deductions) M6;

(c)

paragraph 19 of Schedule 6 to the ESA Regulations (non-dependant deductions) M7; or

(d)

paragraph 14 of Schedule 2 to the SPC Regulations (persons residing with the claimant) M8.

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 \times (B \div 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 (calculation of each loan payment), 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

Marginal citations

M1: S.R. 1987 No. 459; paragraph 17 was amended by regulation 5 and paragraph 1(4)(a) of Schedule 2 to S.R. 2006 No. 407.
M2: S.R. 1996 No. 198; paragraph 16 was amended by regulation 5 and paragraph 4(4)(a) of Schedule 2 to S.R. 2006 No. 407.
M3: S.R. 2008 No. 280.
M4: S.R. 2003 No. 28; paragraph 13 was amended by regulation 5 and paragraph 11(4)(b) of S.R. 2006 No. 407.
M5: Paragraph 18 was amended by regulation 2(3)(j)(ii) and (iii) of S.R. 1995 No. 434, regulation 3(b) of S.R. 1997 No. 3, regulation 3 of S.R. 1997 No. 165, Article 7(2) of S.R. 1999 No. 472 (C. 36), regulation 3(4) of S.R. 2003 No. 261, regulation 4(b)(i) and (ii)(bb) of S.R. 2004 No. 394, regulation 3(4) of S.R. 2005 No. 580, regulation 5 and paragraph 1(4)(b) of Schedule 2 to S.R. 2006 no. 407, regulation 12(11)(g) of S.R. 2008 No. 286, regulation 2(5)(e) and (8)(d) of S.R. 2008 No. 428, regulation 2(3)(e) and (7)(d) of S.R. 2010 No. 69, regulation 7(5)(c) of S.R. 2011 No. 357, regulation 2(3) of S.R. 2013 No. 67, regulation 14(6) of S.I. 2013/3021, regulation 2(3) of S.R. 2014 No. 275, regulation 2(3)(b)(v) of S.R. 2016 No. 110 and regulation 11(6) of S.R. 2016 No. 228.
M6: Paragraph 17 was amended by regulation 3(b) of S.R. 1997 No. 3, regulation 7(3) of S.R. 1997 No. 165, Article 9(5)(l) of S.R. 1999 No. 428 (C. 32), regulation 5(4) of S.R. 2003 No. 261, regulation 5(b) of S.R. 2004 No. 394, regulation 5(4) of S.R. 2005 No. 580, regulation 5 and paragraph 4(4)(b) of Schedule 2 to S.R. 2006 No. 407, regulation 19(25)(f) of S.R. 2008 No. 286, regulation 4(5)(e) and (8)(d) of S.R. 2008 No. 428, regulation 4(3)(e) and (8)(d) of S.R. 2010 No. 69, regulation 10(7)(c) of S.R. 2011 No. 357, regulation 3(4) of S.R. 2013 No. 67, regulation 17(8)(a) and (c) of S.I. 2013/3021, regulation 3(3) of S.R. 2014 No. 275 and regulation 14(8) of S.R. 2016 No.228.
M7: Paragraph 19 was amended by regulation 10(3)(e) of S.R. 2010 No. 69, regulation 21(15) of S.R. 2011 No. 357, Article 28(6)(b)(i) of S.I. 2013/3021, regulation 7(3) of S.R. 2014 No. 275, regulation 4(2)(h)(iii) of S.R. 2016 No. 44 and regulation 34(6)(b)(i) and (ii) and (7)(a) of S.R. 2016 No. 228.
M8: Paragraph 14 was amended by regulation 23(7)(c) of S.R. 2003 No. 191, regulation 7(2) of S.R. 2003 No. 261, regulation 6(5)(b) of S.R. 2004 No. 394, regulation 7(4)(b) of S.R. 2005 No. 580, regulation 14(5) of S.R. 2006 No. 359, regulation 5 and paragraph 11(4)(c) of Schedule 2 to S.R. 2006 No. 407, regulation 30(8)(e) of S.R. 2008 No. 286, regulation 5(3)(b) and (c) of S.R. 2008 No. 428, regulation 6(3)(b) of S.R. 2010 No. 69, regulation 14(5) of S.R. 2011 No. 357, regulation 5 of S.R. 2013 No. 67, regulation 23(5)(b) to (d) of S.I. 2013/3021, regulation 4(3)(b) of S.R. 2014 No. 275, regulation 25(5)(b) of S.R. 2016 No. 228 and Article 25(4) of S.R. 2017 No. 56.