# The State Pension Credit Regulations (Northern Ireland) 2003, Paragraph 14: Persons residing with the claimant

Extent: N.I.

(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 –
(a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £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 –
(a) less than £129∙00, the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);
(b) not less than £129∙00 but less than £189∙00, the deduction to be made under this paragraph shall be £33∙40;
(c) not less than £189∙00, but less than £246∙00, the deduction to be made under this paragraph shall be £45∙85;
(d) not less than £246∙00 but less than £328∙00, the deduction to be made under this paragraph shall be £75∙05;
(e) not less than £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) 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...–
(zi) 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;
(b) 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;
(cc) 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
(dd) in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 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 an in-patient residing in a hospital or similar institution for a period in excess of 52 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; or
(f) if he is in receipt of state pension credit.
(g) if he is aged less than 25 and is in receipt of income-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 armed 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 , MFET Limited , the Skipton Fund, the Caxton Foundation or the Independent Living Fund (2006) , and
(c) any payment in kind.

---
Source: https://www.legislation.gov.uk/nisr/2003/28/schedule/2/paragraph/14 (the official version)
Page: https://openlegislation.uk/state-pension-credit-regulations-northern-ireland-2003/schedule-2/paragraph-14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.