PART 2DETERMINATIONS IN RESPECT OF AN INDIVIDUAL’S FINANCIAL RESOURCES

CHAPTER 3CALCULATION OF INCOME AND CAPITAL – ADVICE AND ASSISTANCE AND REPRESENTATION (LOWER COURTS)

Deductions from income – maintenance of partner and dependants27

1

In calculating the disposable income of the person concerned there shall be a deduction at or equivalent to the following rates, as they applied at the beginning of the period of calculation referred to in regulation 12(2)—

a

in respect of the maintenance of their partner, the difference between the income support allowance for a couple both aged not less than 18 (which is specified in column 2 of paragraph 1(3)(d) of Part I of the Schedule) and the allowance for a single person aged not less than 25 (which is specified in column 2 of paragraph 1(1)(e) of that Part of the Schedule); and

b

in respect of the maintenance of any dependant child or dependant relative, where such persons are members of their household—

i

in the case of a dependant child or a dependant relative aged 18 or under, at a rate equivalent to the amount specified for the time being in paragraph 2 of Part 1 of the Schedule appropriate to the age of the child or relative; and

ii

in the case of a dependant child or a dependant relative aged 19 or over, at a rate equivalent to the amount which would have been specified for the time being in accordance with head (i) immediately before they attained the age of 19.

2

For the purposes of this regulation, “the Schedule” means Schedule 2 to the Income Support (General) Regulations (Northern Ireland) 198731.