The Income Support (General) Regulations 1987

Non-dependant deductions E+W+S

11.—(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 in respect of a non-dependant [F1 or a person who lives in board and lodging accommodation]—

(a) in respect of a non-dependant aged 18 or more who is in remunerative work or F2 ...[F3 a person who lives in board and lodging accommodation aged 18 or over]—

(i) where the claimant or his partner is a Crown tenant and paragraph 9(5)(a)(ii) or (b)(ii) applies, [F4 £12.50];

(ii) in any other case, [F4 £9.15].

(b) in respect of a non-dependant aged 18 or more to whom (a) does not apply—

(i) where the claimant or his partner is a Crown tenant and paragraph 9(5)(a)(ii) or (b)(ii) applies, [F4 £7.20];

(ii) in any other case, [F4 £3.85].

(2) In the case of a non-dependant aged 18 or more to whom sub-paragraph (1)(a) applies because he is in remunerative work [F5 and of a person who lives in board and lodging accommodation aged 18 or over in remunerative work], where the claimant satisfies the adjudication officer that the non-dependant's gross weekly income [F5 or that of the person in board and lodging accommodation] is less than [F6 £52.10], the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b) appropriate in his case.

(3) Only one deduction shall be made under this paragraph in respect of a couple or, as the case may be, the members of a polygamous marriage, and where a different amount or no amount would, but for this sub-paragraph, fall to be deducted in respect of the members of the couple or polygamous marriage as individuals, the higher deduction shall be made.

(4) In applying the provisions of sub-paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of sub-paragraph (2) to the couple's or, as the case may be, all the members of the polygamous marriage's, 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 a couple or members of a polygamous marriage), 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) blind or treated as blind by virtue of paragraph 12 of Schedule 2 (additional condition for the higher pensioner and disability premiums); or

(b) receiving an attendance 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 adjudication officer 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 a Youth Training Scheme established under section 2 of the Employment and Training Act 1973 F7 [F8 and is not a person who lives in board and lodging accommodation]; or

(c) if he is a full-time student during a period of study [F8 and is not a person who lives in board and lodging accommodation]; or

(d) if he is aged under 25 and in receipt of income support [F8 and is not a person who lives in board and lodging accommodation]; or

(e) in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 63 of the Housing Benefit (General) Regulations 1987 (non-dependant deductions).

Textual Amendments

F1 Words in Sch. 3 para. 11(1) inserted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 6(b)(i)

F2 Words in Sch. 3 para. 11(1)(a) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 10(b)(i)

F3 Words in Sch. 3 para. 11(1)(a) inserted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 6(b)(i)

F4 Sums in Sch. 3 para. 11(1) substituted (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 15(6) (with art. 20)

F5 Words in Sch. 3 para. 11(2) inserted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 6(b)(ii)

F6 Sum in Sch. 3 para. 11(2) substituted (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security Benefits Up-rating Order 1989 (S.I. 1989/43), arts. 1(3), 15(7) (with art. 20)

F7 1973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1971 (c. 57).

F8 Words in Sch. 3 para. 11(7) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 10(b)(ii)

Commencement Information

I1 Sch. 3 para. 11 in force at 11.4.1988, see reg. 1