OpenLegislation

Paragraph 14 Persons residing with the claimant

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

(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—

(a)

in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, F1£131.45;

(b)

in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, F2£20.40.

(2)

In the case of a non-dependant aged 18 or over to whom sub-paragraph F3(1)(a) applies because he is in remunerative work, where the claimant satisfies the Secretary of State that the non-dependant’s gross weekly income is—

(a)

less than F4£192.00 the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph F5(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;

(d)

not less than F12£365.00 but less than F13£485.00, the deduction to be made under this paragraph shall be F14£105.20;

(e)

not less than F15£485.00 but less than F16£605.00, the deduction to be made under this paragraph shall be F17£119.85.

F18(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 partners and where, but for this sub-paragraph, the amount that would fall to be deducted in respect of one partner is higher than the amount (if any) that would fall to be deducted in respect of the other partner, the higher amount shall be deducted.

(4)

In applying the provisions of sub-paragraph (2) in the case of partners, only one deduction shall be made in respect of the partners based on the partners’ 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 partners), 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—

F19(a)

certified as severely sight impaired or blind by a consultant ophthalmologist, or who is within 28 weeks of ceasing to be so certified; or

(b)

receiving in respect of himself either—

(i)

an attendance allowance; F20...

F21(ia)

pension age disability payment;

(ii)

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

(F24iia)

the care component of Scottish adult disability living allowance;

(iii)

the daily living component of personal independence payment F25; F26...

(F27iiia)

the daily living component of adult disability payment; or

(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 the Secretary of State that the dwelling occupied as his home is normally elsewhere; or

(b)

if he is in receipt of a training allowance paid in connection with F28youth training under section 2 of the Employment and Training Act 1973 M1 or section 2 of the Enterprise and New Towns (Scotland) Act 1990M2; or

(c)

if he is a full-time student F29...; or

F30(cc)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

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

F31(dd)

in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 55 (non-dependant deductions) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; or

(e)

if he is not residing with the claimant because he has been F32an in-patient residing in a hospital or similar institution for a period in excess of F3352 weeks, or is a prisoner; and in calculating any period of 52 weeks, any 2 or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; F34or

F35(f)

if he is in receipt of state pension credit.

F36(g)

if he is aged less than 25 and is in receipt of F37income-related employment and support allowance which does not include an amount under section F38... 4(4) F39... of the Welfare Reform Act F40(component) or is not a member of the work-related activity group F41; or

(h)

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 (1) applies because he is in remunerative work, there shall be disregarded from his gross income—

F42(a)

any attendance allowance F43, pension age disability payment ,disability living allowance F44, Scottish adult disability living allowance, armed forces independence payment, personal independence payment or adult disability payment received by him;

(b)

any payment from the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), the Fund, the Eileen Trust F45, MFET Limited F46, the Skipton Fund, the Caxton Foundation F47, the Scottish Infected Blood Support Scheme F48, an approved blood scheme F49, the London Emergencies Trust, the We Love Manchester Emergency Fund F50, the National Emergencies Trust F51, the Victims of Overseas Terrorism Compensation Scheme or the Independent Living F52Fund (2006); and

F53(ba)

any Grenfell Tower payment;

F54(bb)

any child abuse payment;

(bc)

any Windrush payment;

F55(bd)

any Post Office compensation payment;

F56(be)

any LGBT Financial Recognition Scheme payment;

F57(bf)

any miscarriage of justice compensation payment;

(c)

any payment in kind.

F58(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.

F59(9)

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

Annotations

Textual amendments

F1

Sum in Sch. II para. 14(1)(a) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(a)

F2

Sum in Sch. II para. 14(1)(b) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(b)

F3

Word in Sch. 2 para. 14(2) substituted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), reg. 1(1)(b), Sch. para. 9(g)(i)

F4

Sum in Sch. II para. 14(2)(a) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(c)

F5

Words in Sch. 2 para. 14(2)(a) substituted (2.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(3), 14(5)(b)(i)

F6

Sum in Sch. II para. 14(2)(b) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(d)(ii)

F7

Sum in Sch. II para. 14(2)(b) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(d)(iii)

F8

Sum in Sch. II para. 14(2)(b) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(d)(i)

F9

Sum in Sch. II para. 14(2)(c) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(e)(ii)

F10

Sum in Sch. II para. 14(2)(c) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(e)(iii)

F11

Sum in Sch. II para. 14(2)(c) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(e)(i)

F12

Sum in Sch. II para. 14(2)(d) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(f)(ii)

F13

Sum in Sch. II para. 14(2)(d) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(f)(iii)

F14

Sum in Sch. II para. 14(2)(d) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(f)(i)

F15

Sum in Sch. II para. 14(2)(e) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(g)(ii)

F16

Sum in Sch. II para. 14(2)(e) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(g)(iii)

F17

Sum in Sch. II para. 14(2)(e) substituted (coming into force in accordance with art. 1(3)(k) of the amending S.I.) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(k), 29(4)(g)(i)

F18

Sch. 2 para. 14(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. 4(e)

F19

Sch. 2 para. 14(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(4)(b)(ii)

F20

Word in Sch. 2 para. 14(6)(b)(i) omitted (8.4.2013) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 27(5)(b)(i)

F21

Sch. 2 para. 14(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), 9(4)(a)

F22

Sch. 2 para. 14(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. 27(5)(b)(ii)

F23

Word in Sch. 2 para. 14(6)(b)(ii) 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. 23(5)(b)

F24

Sch. 2 para. 14(6)(b), (iia) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 10(4)(a)

F25

Words in Sch. 2 para. 14(6)(b)(iv) 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. 23(5)(c)

F26

Word in Sch. 2 para. 14(6)(b)(iii) omitted (21.3.2022) by virtue of The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 8(4)(a)

F27

Sch. 2 para. 14(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), 8(4)(b)

F28

Words in Sch. 2 para. 14(7)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 5(4)(c)

F29

Words in Sch. 2 para. 14(7)(c) omitted (6.12.2018) by virtue of The Social Security (Miscellaneous Amendments No. 5) Regulations 2017 (S.I. 2017/1187), regs. 1(2)(b), 5(2)(a)

F30

Sch. 2 para. 14(7)(cc) omitted (6.12.2018) by virtue of The Social Security (Miscellaneous Amendments No. 5) Regulations 2017 (S.I. 2017/1187), regs. 1(2)(b), 5(2)(b)

F31

Sch. 2 para. 14(7)(dd) inserted (2.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(3), 14(5)(b)(ii)

F32

Words in Sch. 2 para. 14(7)(e) sum substituted (10.4.2006) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), regs. 1(a), 8(4)(b)

F33

Word in Sch. 2 para. 14(7)(e) substituted (21.5.2003) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(a), 8(2)

F34

Word in Sch. 2 para. 14(7)(e) inserted (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), 7(5)(aa)(b)(ii)

F35

Sch. 2 para. 14(7)(f) 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), 7(5)(b)(ii)(bb)

F36

Sch. 2 para. 14(7)(g) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 4(8)(e)

F37

Words in Sch. 2 para. 14(7)(g) inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/443), regs. 1, 6(3)(b)

F38

Words in Sch. 2 para. 14(7)(g) omitted by SI 2008/1554 reg. 4(8)(e) (as amended) (27.10.2008) by virtue of The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 41(4)

F39

Words in Sch. 2 para. 14(7)(g) 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. 5(3)(b)(i) (with Sch. 2 paras. 1-7)

F40

Words in Sch. 2 para. 14(7)(g) substituted (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. 5(3)(b)(ii) (with Sch. 2 paras. 1-7)

F41

Sch. 2 para. 14(7)(h) 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), 33(6)(b)(i)

F42

Sch. 2 para. 14(8)(a) substituted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 8(4)(c)

F43

Words in Sch. 2 para. 14(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), 9(4)(b)

F44

Words in Sch. 2 para. 14(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), 10(4)(b)

F45

Words in Sch. 2 para. 14(8)(b) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 6(3)(b)

F46

Words in Sch. 2 para. 14(8)(b) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 15(5)

F47

Words in Sch. 2 para. 14(8)(b) inserted (3.4.2017) by The Social Security (Scottish Infected Blood Support Scheme) Regulations 2017 (S.I. 2017/329), regs. 1, 5(3)(a)

F48

Words in Sch. 2 para. 14(8)(b) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 5(3)(a)

F49

Words in Sch. 2 para. 14(8)(b) inserted (19.6.2017) by The Social Security (Emergency Funds) (Amendment) Regulations 2017 (S.I. 2017/689), regs. 1, 4(3)(a)

F50

Words in Sch. 2 para. 14(8)(b) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 4(3)(a)

F51

Words in Sch. 2 para. 14(8)(b) inserted (27.10.2023) by The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/1144), regs. 1(1), 5(3)(a)

F52

Words in Sch. 2 para. 14(8)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 5(4)(d)

F53

Sch. 2 para. 14(8)(ba) inserted (15.7.2020) by The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020 (S.I. 2020/618), regs. 1, 4(3)(b)

F54

Sch. 2 para. 14(8)(bb)(bc) inserted (1.1.2022) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021 (S.I. 2021/1405), regs. 1, 4(3)

F55

Sch. 2 para. 14(8)(bd) inserted (9.7.2023) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023 (S.I. 2023/640), regs. 1(1), 4(3)

F56

Sch. 2 para. 14(8)(be) inserted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 5(3)

F57

Sch. 2 para. 14(8)(bf) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 4(3)

F58

Sch. 2 para. 14(8)(d) inserted (23.10.2017) by The Social Security (Infected Blood and Thalidomide) Regulations 2017 (S.I. 2017/870), regs. 1, 5(4)

F59

Sch. 2 para. 14(9) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 33(6)(b)(ii)

Marginal citations

M1

1973 c. 50.

M2

1990 c. 35.