- Latest available (Revised)
- Point in Time (01/09/2007)
- Original (As made)
Version Superseded: 07/04/2008
Point in time view as at 01/09/2007. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Income Support (General) Regulations 1987, Paragraph 18.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
18.—(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—
[F2(a)in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47.75;
(b)in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £7.40.]
(2) In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies because he is in [F3remunerative] work, where the claimant satisfies the [F4Secretary of State] that the non-dependant’s gross weekly income is—
(a)less than [F5£111.00] the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);
(b)not less than [F6£111.00] but less than [F7£164.00] the deduction to be made under this paragraph shall be [F8£17.00;]
(c)not less than [F9£164.00] but less than [F10£213.00] the deduction to be made under this paragraph shall be [F11£23.35.]
[F12(d)not less than [F13£213.00] but less than [F14£283.00] the deduction to be made under this paragraph shall be [F15£38.20;]
(e)not less than [F16£283.00] but less than [F17£353.00] the deduction to be made under this paragraph shall be [F18£43.50.]]
(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, but for this sub-paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other, member, the higher amount shall be deducted.
(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 be 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 of 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 in respect of himself either—
(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 [F19Secretary 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 a Youth Training Scheme established under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; 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
(d)if he is aged under 25 and in receipt of income support [F20or an income-based jobseeker’s allowance]; or
(e)in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under [F21 regulation 74 of the Housing Benefit Regulations 2006] (non-dependant deductions); or
(f)to whom, but for paragraph (2C) of regulation 3 (definition of non-dependant) paragraph (2B) of that regulation would apply; or
(g)if he is not residing with the claimant because he has been a patient for a period in excess of [F2252] weeks, or is a prisoner, and for these purposes—
(i)[F23“patient” has the meaning given in paragraph 3(13)(b) and “prisoner” has the meaning given in regulation 21(3); and
(ii)in calculating a period of 52 weeks as a patient, any two or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; or]
[F24(h)if he is in receipt of state pension credit.]
(8) In the case of a non-dependant to whom sub-paragraph (2) applies because he is in [F25remunerative] work, there shall be disregarded from his gross income—
(a)any attendance allowance or disability living allowance received by him;
(b)any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No.2) Trust, the Fund, the Eileen Trust or the Independent Living Funds which, had his income fallen to be calculated under regulation 40 (calculation of income other than earnings), would have been disregarded under paragraph 21 of Schedule 9 (income in kind); and
(c)any payment which, had his income fallen to be calculated under regulation 40 would have been disregarded under paragraph 39 of Schedule 9 (payments made under certain trusts and certain other payments).]
Textual Amendments
F1Sch. 3 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 1
F2Sch. 3 para. 18(1)(a)(b) substituted for Sch. 3 para. 18(1)(a)-(c) (4.4.2005) by The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2327), regs. 1(1)(c), 5(b)(i)
F3Word in Sch. 3 para. 18(2) inserted (12.12.1995) by The Social Security (Income Support, Claims and Payments and Adjudication) Amendment Regulations 1995 (S.I. 1995/2927), regs. 1(1), 5(11)(b)
F4Words in Sch. 3 para. 18(2) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 5 para. 9(c) (with reg. 3(1)(b), Schs. 21-23)
F5Sum in Sch. 3 para. 18(2)(a) substituted (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(c)
F6Sum in Sch. 3 para. 18(2)(b) substituted (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(d)(i)
F7Sum in Sch. 3 para. 18(2)(b) substituted (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(d)(ii)
F8Sum in Sch. 3 para. 18(2)(b) substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(g), 16(6)(d)(iii)
F9Sum in Sch. 3 para. 18(2)(c) substituted (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(e)(i)
F10Sum in Sch. 3 para. 18(2)(c) substituted (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(e)(ii)
F11Sum in Sch. 3 para. 18(2)(c) substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(g), 16(6)(e)(iii)
F12Sch. 3 para. 18(2)(d)(e) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Non-Dependant Deductions) Regulations 1996 (S.I. 1996/2518), regs. 1(1)(c), 4(b)
F13Sum in Sch. 3 para. 18(2)(d) substituted (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(f)(i)
F14Sum in Sch. 3 para. 18(2)(d) substituted (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(f)(ii)
F15Sum in Sch. 3 para. 18(2)(d) substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(g), 16(6)(f)(iii)
F16Sum in Sch. 3 para. 18(2)(e) substituted (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(g)(i)
F17Sum in Sch. 3 para. 18(2)(e) substituted (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(g)(ii)
F18Sum in Sch. 3 para. 18(2)(e) substituted (with effect in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2000 (S.I. 2000/440), arts. 1(2)(g), 16(6)(g)(iii)
F19Words in Sch. 3 para. 18(7)(a) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 5 para. 9(c) (with reg. 3(1)(b), Schs. 21-23)
F20Words in Sch. 3 para. 18(7)(d) inserted (7.4.1997) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/827), regs. 1(1), 6
F21Words in Sch. 3 para. 18(7)(e) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 1(5)(c) (with regs. 2, 3, Sch. 3, Sch. 4)
F22Word in Sch. 3 para. 18(7)(g) substituted (coming into force in accordance with reg. 1(c) of the amending S.I.) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(c), 3(4)
F23Sch. 3 para. 18(7)(g)(i)(ii) substituted (for specified purposes and with effect in accordance with reg. 1(c) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 4(4)
F24Sch. 3 para. 18(7)(h) added (4.4.2005) by The Social Security (Housing Benefit, Council Tax Benefit, State Pension Credit and Miscellaneous Amendments) Regulations 2004 (S.I. 2004/2327), regs. 1(1)(c), 5(b)(ii)(bb)
F25Word in Sch. 3 para. 18(8) inserted (12.12.1995) by The Social Security (Income Support, Claims and Payments and Adjudication) Amendment Regulations 1995 (S.I. 1995/2927), regs. 1(1), 5(11)(c)
Modifications etc. (not altering text)
C1Sch. 3 para. 18(1)(a): sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(a)
C2Sch. 3 para. 18(1)(b): sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(b)
C3Sch. 3 para. 18(2)(b): sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(d)(iii)
C4Sch. 3 para. 18(2)(c): sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(e)(iii)
C5Sch. 3 para. 18(2)(d): sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(f)(iii)
C6Sch. 3 para. 18(2)(e): sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(i), 16(6)(g)(iii)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: