OpenLegislation

Paragraph 14 Persons residing with the claimantI1

Northern Ireland

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

C1C2C3C4C5C6C7(1)

Subject to sub-paragraphs (2) to (8), the following deductions from the amount to be met under paragraphs 1 to 13 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£93∙80;

(b)

in respect of a non-dependant aged 18 or over to whom head (a) does not apply, £14∙55.

(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 Department that the non-dependant’s gross weekly income is –

C8C9(a)

less than F3£129∙00, the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph F4(1)(b);

C10C11C12C13C14C15C16C17(b)

not less than F5£129∙00 but less than £189∙00, the deduction to be made under this paragraph shall be £33∙40;

C18C19C20C21C22C23C24C25(c)

not less than F6£189∙00, but less than £246∙00, the deduction to be made under this paragraph shall be £45∙85;

C26C27C28C29C30C31C32C33(d)

not less than F7£246∙00 but less than £328∙00, the deduction to be made under this paragraph shall be £75∙05;

C34C35C36C37C38C39C40C41(e)

not less than F8£328∙00 but less than £408∙00, the deduction to be made under this paragraph shall be £85∙45.

(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 –

(a)

F9certified 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 himselfF10...–

(F11zi)

armed forces independence payment,

(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 Department that the dwelling occupied as his home is normally elsewhere;

(F12b)

if he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the Employment and Training Act (Northern Ireland) 1950 for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;

(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;

(F13cc)

if he is a full-time student and the claimant or his partner has attained the age of 65;

(d)

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

(F14dd)

in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under F15regulation 53 of the Housing Benefit (State Pension Credit) Regulations (non-dependent deductions);

(e)

if he is not residing with the claimant because he has been F16an in-patient residing in a hospital or similar institution for a period in excess of F1752 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; F18or

(F19f)

if he is in receipt of state pension credit.

(g)

F20if he is aged less than 25 and is in receipt of F21income-related employment and support allowance which does not include an amount under section 4(4) or (5) of the Welfare Reform Act (components).

(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 –

(a)

any F22armed forces independence payment, attendance allowance or disability living allowance 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 F23, MFET Limited F24, the Skipton Fund, the Caxton Foundation or the Independent Living F25Fund (2006) , and

(c)

any payment in kind.

Annotations

Textual amendments

F1

Sch. 2 para. 14(1)(a)(b) substituted for Sch. 2 para. 14(1)(a)-(c) (4.4.2005) by The Social Security (Housing Benefit, State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2004 (S.R. 2004/394), regs. 1(1)(c), 6(5)(b)(i)

F2

Sums in Sch. 2 para. 14(1) substituted (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(k), 24(4)(a)

F3

Sums in Sch. 2 para. 14(2)(a) substituted (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(k), 24(4)(b)(i)

F4

Word in Sch. 2 para. 14(2)(a) substituted (2.10.2006) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2006 (S.R. 2006/359), regs. 1(2), 14(5)(a)

F5

Sum in Sch. 2 para. 14(2)(b) substituted (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(k), 24(4)(b)(ii)

F6

Sums in Sch. 2 para. 14(2)(c) substituted (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(k), 24(4)(b)(iii)

F7

Sums in Sch. 2 para. 14(2)(d) substituted (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(k), 24(4)(b)(iv)

F8

Sums in Sch. 2 para. 14(2)(e) substituted (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2015 (S.R. 2015/124), arts. 1(1)(k), 24(4)(b)(v)

F9

Sch. 2 para. 14(6)(a) substituted (26.11.2014) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2014 (S.R. 2014/275), regs. 1(1), 4(3)(b)

F10

Word in Sch. 2 para. 14(6)(b) omitted (24.12.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 23(5)(b)

F11

Sch. 2 para. 14(6)(b)(zi) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 23(5)(c)

F12

Sch. 2 para. 14(7)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 5(3)(b)

F13

Sch. 2 para. 14(7)(cc) inserted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations (Northern Ireland) 2003 (S.R. 2003/191), regs. 1(2)(b), 23(7)(c) (with regs. 34-36)

F14

Sch. 2 para. 14(7)(dd) inserted (2.10.2006) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2006 (S.R. 2006/359), regs. 1(2), 14(5)(b)

F15

Words in Sch. 2 para. 14(7)(dd) substituted (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 2 para. 11(4)(c) (with reg. 2, Sch. 3, Sch. 4)

F16

Words in Sch. 2 para. 14(7)(e) substituted (10.4.2006) by The Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005 (S.R. 2005/580), regs. 1(1)(a), 7(4)(b)

F17

Words in Sch. 2 para. 14(7)(e) substituted (21.5.2003) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 (S.R. 2003/261), regs. 1(a), 7(2)

F18

Word in Sch. 2 para. 14(7)(e) inserted (4.4.2005) by The Social Security (Housing Benefit, State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2004 (S.R. 2004/394), regs. 1(1)(c), 6(5)(b)(ii)(aa)

F19

Sch. 2 para. 14(7)(f) added (4.4.2005) by The Social Security (Housing Benefit, State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2004 (S.R. 2004/394), regs. 1(1)(c), 6(5)(b)(ii)(bb)

F20

Sch. 2 para. 14(7)(g) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/286), regs. 1(b), 30(8)(e)

F21

Word in Sch. 2 para. 14(7)(g) inserted (2.4.2013) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2013 (S.R. 2013/67), regs. 1(1), 5

F22

Words in Sch. 2 para. 14(8)(a) inserted (24.12.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) (Northern Ireland) Order 2013 (S.I. 2013/3021), arts. 1, 23(5)(d)

F23

Words in Sch. 2 para. 14(8)(b) inserted (6.4.2010) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010 (S.R. 2010/69), regs. 1(1), 6(3)(b)

F24

Words in Sch. 2 para. 14(8)(b) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2011 (S.R. 2011/357), regs. 1(1), 14(5)

F25

Words in Sch. 2 para. 14(8)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 5(3)(c)

Modifications

C1

Sch. 2 para. 14(1): sums confirmed (12.4.2004) by The Social Security Benefits Up-rating Order (Northern Ireland) 2004 (S.R. 2004/82), arts. 1(1)(e), 24(4)(a)

C2

Sch. 2 para. 14(1): sums confirmed (11.4.2005) by The Social Security Benefits Up-rating Order (Northern Ireland) 2005 (S.R. 2005/82), arts. 1(1)(f), 24(4)(a)

C3

Sch. 2 para. 14(1): sums confirmed (with effect in accordance with arts. 1(2), 6 of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2006 (S.R. 2006/109), arts. 1(1)(g), 24(4)(a)

C4

Sch. 2 para. 14(1): sums confirmed (coming into operation in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (S.R. 2007/153), art. 24(4)(a)

C5

Sch. 2 para. 14(1): sums confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (revoked) 2008 (S.R. 2008/92), art. 24(4)(a)

C6

Sch. 2 para. 14(1): sums confirmed (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/89), art. 24(4)(a)

C7

Sch. 2 para. 14(1): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 24(4)(a)

C8

Sch. 2 para. 14(2)(a): sum confirmed (7.4.2003) by The Social Security Benefits Up-rating Order (Northern Ireland) 2003 (S.R. 2003/155), arts. 1(1)(d), 24(4)(c)

C9

Sch. 2 para. 14(2)(a): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 24(4)(b)

C10

Sch. 2 para. 14(2)(b): sums confirmed (7.4.2003) by The Social Security Benefits Up-rating Order (Northern Ireland) 2003 (S.R. 2003/155), arts. 1(1)(d), 24(4)(d)

C11

Sch. 2 para. 14(2)(b): sum confirmed (12.4.2004) by The Social Security Benefits Up-rating Order (Northern Ireland) 2004 (S.R. 2004/82), arts. 1(1)(e), 24(4)(c)

C12

Sch. 2 para. 14(2)(b): sum confirmed (11.4.2005) by The Social Security Benefits Up-rating Order (Northern Ireland) 2005 (S.R. 2005/82), arts. 1(1)(f), 24(4)(c)

C13

Sch. 2 para. 14(2)(b): sum confirmed (with effect in accordance with arts. 1(2), 6 of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2006 (S.R. 2006/109), arts. 1(1)(g), 24(4)(c)

C14

Sch. 2 para. 14(2)(b): sum confirmed (coming into operation in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (S.R. 2007/153), art. 24(4)(c)

C15

Sch. 2 para. 14(2)(b): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (revoked) 2008 (S.R. 2008/92), art. 24(4)(c)

C16

Sch. 2 para. 14(2)(b): sum confirmed (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/89), art. 24(4)(c)

C17

Sch. 2 para. 14(2)(b): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 24(4)(c)

C18

Sch. 2 para. 14(2)(c): sums confirmed (7.4.2003) by The Social Security Benefits Up-rating Order (Northern Ireland) 2003 (S.R. 2003/155), arts. 1(1)(d), 24(4)(e)

C19

Sch. 2 para. 14(2)(c): sum confirmed (12.4.2004) by The Social Security Benefits Up-rating Order (Northern Ireland) 2004 (S.R. 2004/82), arts. 1(1)(e), 24(4)(d)

C20

Sch. 2 para. 14(2)(c): sum confirmed (11.4.2005) by The Social Security Benefits Up-rating Order (Northern Ireland) 2005 (S.R. 2005/82), arts. 1(1)(f), 24(4)(d)

C21

Sch. 2 para. 14(2)(c): sum confirmed (with effect in accordance with arts. 1(2), 6 of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2006 (S.R. 2006/109), arts. 1(1)(g), 24(4)(d)

C22

Sch. 2 para. 14(2)(c): sum confirmed (coming into operation in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (S.R. 2007/153), art. 24(4)(d)

C23

Sch. 2 para. 14(2)(c): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (revoked) 2008 (S.R. 2008/92), art. 24(4)(d)

C24

Sch. 2 para. 14(2)(c): sum confirmed (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/89), art. 24(4)(d)

C25

Sch. 2 para. 14(2)(c): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 24(4)(d)

C26

Sch. 2 para. 14(2)(d): sums confirmed (7.4.2003) by The Social Security Benefits Up-rating Order (Northern Ireland) 2003 (S.R. 2003/155), arts. 1(1)(d), 24(4)(f)

C27

Sch. 2 para. 14(2)(d): sum confirmed (12.4.2004) by The Social Security Benefits Up-rating Order (Northern Ireland) 2004 (S.R. 2004/82), arts. 1(1)(e), 24(4)(e)

C28

Sch. 2 para. 14(2)(d): sum confirmed (11.4.2005) by The Social Security Benefits Up-rating Order (Northern Ireland) 2005 (S.R. 2005/82), arts. 1(1)(f), 24(4)(e)

C29

Sch. 2 para. 14(2)(d): sum confirmed (with effect in accordance with arts. 1(2), 6 of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2006 (S.R. 2006/109), arts. 1(1)(g), 24(4)(e)

C30

Sch. 2 para. 14(2)(d): sum confirmed (coming into operation in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (S.R. 2007/153), art. 24(4)(e)

C31

Sch. 2 para. 14(2)(d): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (revoked) 2008 (S.R. 2008/92), art. 24(4)(e)

C32

Sch. 2 para. 14(2)(d): sum confirmed (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/89), art. 24(4)(e)

C33

Sch. 2 para. 14(2)(d): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 24(4)(e)

C34

Sch. 2 para. 14(2)(e): sums confirmed (7.4.2003) by The Social Security Benefits Up-rating Order (Northern Ireland) 2003 (S.R. 2003/155), arts. 1(1)(d), 24(4)(g)

C35

Sch. 2 para. 14(2)(e): sum confirmed (12.4.2004) by The Social Security Benefits Up-rating Order (Northern Ireland) 2004 (S.R. 2004/82), arts. 1(1)(e), 24(4)(f)

C36

Sch. 2 para. 14(2)(e): sum confirmed (11.4.2005) by The Social Security Benefits Up-rating Order (Northern Ireland) 2005 (S.R. 2005/82), arts. 1(1)(f), 24(4)(f)

C37

Sch. 2 para. 14(2)(e): sum confirmed (with effect in accordance with arts. 1(2), 6 of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2006 (S.R. 2006/109), arts. 1(1)(g), 24(4)(f)

C38

Sch. 2 para. 14(2)(e): sum confirmed (coming into operation in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (S.R. 2007/153), art. 24(4)(f)

C39

Sch. 2 para. 14(2)(e): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (revoked) 2008 (S.R. 2008/92), art. 24(4)(f)

C40

Sch. 2 para. 14(2)(e): sum confirmed (coming into force in accordance with art. 1(1)(k) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2009 (revoked) 2009 (S.R. 2009/89), art. 24(4)(f)

C41

Sch. 2 para. 14(2)(e): sum confirmed (coming into force in accordance with art. 1(1)(l) of the amending Rule) by The Social Security Benefits Up-rating Order (Northern Ireland) 2010 (revoked) 2010 (S.R. 2010/118), art. 24(4)(f)

Commencement

I1

Sch. 2 para. 14 in operation at 6.10.2003, see reg. 1(1)