Paragraph 16 No deduction for housing cost contributions in respect of certain non-dependants

England, Wales and Scotland

(1)

No deduction is to be made under paragraph 13 in respect of any non-dependant who is a member of the renter's extended benefit unit to whom sub-paragraph (2) applies.

(2)

This sub-paragraph applies to—

(a)

a person who is under 21 years old;

(b)

a person in receipt of state pension credit;

(c)

a person in receipt of the care component of disability living allowance at the middle or highest rate;

F1(ca)

a person in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate;

(d)

a person in receipt of attendance allowance;

F2(da)

a person in receipt of pension age disability payment;

(e)

a person in receipt of the daily living component of personal independence payment;

F3(ea)

a person in receipt of the daily living component of adult disability payment at the standard or enhanced rate;

(f)

a person who is entitled to a payment within paragraph (c) F4, (ca) , (d) F5, F6(da), (e) or (ea) but is not receiving it under, as the case may be—

(i)

regulation 8 of the Social Security (Disability Living Allowance) Regulations 1991,

(ii)

regulation 6 of the Social Security (Attendance Allowance) Regulations 1991,

(iii)

regulation 21 of the Social Security (General Benefit) Regulations 1982, F7...

(iv)

regulations under section 86 of the Act (payment of personal independence payment while a person is a hospital in-patient) F8...;

F9(v)

regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 F10, F11...

(vi)

regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;F12, or

(vii)

regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

(g)

a person in receipt of carer's allowance;

F13(ga)

a person in receipt of carer support payment;

(h)

a person who is a prisoner;

(i)

a person who is responsible for a child under 5 years old.

F14(j)

a person who is a member of the armed forces away on operations who—

(i)

is the son, daughter, step-son or step-daughter of a renter or joint renters, and

(ii)

resided with the renter or joint renters immediately before leaving to go on operations and intends to return to reside with the renter or joint renters at the end of the operations.

Annotations

Textual amendments

F1: Sch. 4 para. 16(2)(ca) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 15(8)(c)(i)
F2: Sch. 4 para. 16(2)(da) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 14(7)(c)(i)
F3: Sch. 4 para. 16(2)(ea) 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), 13(8)(e)
F4: Word in Sch. 4 para. 16(2)(f) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 15(8)(c)(ii)(aa)
F5: Words in Sch. 4 para. 16(2)(f) 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), 13(8)(f)(i)
F6: Word in Sch. 4 para. 16(2)(f) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 14(7)(c)(ii)(aa)
F7: Word in Sch. 4 para. 16(2)(f)(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), 13(8)(f)(ii)
F8: Word in Sch. 4 para. 16(2)(f)(iv) omitted (21.10.2024) by virtue of The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 14(7)(c)(ii)(bb)
F9: Sch. 4 para. 16(2)(f)(v) 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), 13(8)(f)(iii)
F10: Sch. 4 para. 16(2)(f)(vi) and word inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 14(7)(c)(ii)(cc)
F11: Word in Sch. 4 para. 16(2)(f) omitted (21.3.2025) by virtue of The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 15(8)(c)(ii)(bb)
F12: Sch. 4 para. 16(2)(f)(vii) and word inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 15(8)(c)(ii)(cc)
F13: Sch. 4 para. 16(2)(ga) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 23(8)
F14: Sch. 4 para. 16(2)(j) inserted (29.4.2013) by The Universal Credit (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/803), regs. 1, 2(3)(e)