The State Pension Credit Regulations 2002

Changes over time for: Paragraph 14

Version Superseded: 11/04/2016

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Point in time view as at 06/04/2015. This version of this provision has been superseded.

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The State Pension Credit Regulations 2002, Paragraph 14 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Persons residing with the claimant

14.—(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£93.80];

(b)in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, [F2£14.55].

(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£129.00] the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph [F5(1)(b)];

(b)not less than [F6£129.00] but less than [F6£189.00], the deduction to be made under this paragraph shall be [F6£33.40];

(c)not less than [F7£189.00] but less than [F7£246.00], the deduction to be made under this paragraph shall be [F7£45.85];

(d)not less than [F8£246.00] but less than [F8£328.00], the deduction to be made under this paragraph shall be [F8£75.05];

(e)not less than [F9£328.00] but less than [F9£408.00], the deduction to be made under this paragraph shall be [F9£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—

[F10(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; F11...

(ii)the care component of the disability living allowance[F12; F13...

(iii)the daily living component of personal independence payment] [F14or

(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 [F15youth 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 during a period of study or, if he is not in remunerative work, during a recognised summer vacation appropriate to his course; or

[F16(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

[F17(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 [F18an in-patient residing in a hospital or similar institution] for a period in excess of [F1952] weeks, or is a prisoner; and in calculating any period of [F1952] 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; [F20or]

[F21(f)if he is in receipt of state pension credit.]

[F22(g)if he is aged less than 25 and is in receipt of [F23income-related] employment and support allowance which does not include an amount under section F24... 4(4) or (5) of the Welfare Reform Act (components)][F25; 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—

(a)any attendance allowance[F26, disability living allowance[F27, armed forces independence payment] or personal independence 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[F28, MFET Limited][F29, the Skipton Fund, the Caxton Foundation] or the Independent Living [F30Fund (2006)]; and

(c)any payment in kind.

[F31(9) For the purposes of sub-paragraph (7)(h), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.]

Textual Amendments

F1Sum in Sch. II para. 14(1)(a) substituted (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(i), 21(1)(4)(a)

F2Sum in Sch. II para. 14(1)(b) substituted (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(i), 21(1)(4)(b)

F3Word 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)

F4Sum in Sch. II para. 14(2)(a) substituted (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(i), 21(1)(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)

F6Sums in Sch. II para. 14(2)(b) substituted (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(i), 21(1)(4)(d)

F7Sums in Sch. II para. 14(2)(c) substituted (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(i), 21(1)(4)(e)

F8Sums in Sch. II para. 14(2)(d) substituted (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(i), 21(1)(4)(f)

F9Sums in Sch. II para. 14(2)(e) substituted (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2015 (S.I. 2015/457), arts. 1(2)(i), 21(1)(4)(g)