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3.—(1) In these Regulations, “non-dependant” means any person, except someone to whom paragraph (2) applies, who normally resides with a claimant.
(2) This paragraph applies to–
(a)any member of the claimant’s family;
(b)if the claimant is polygamously married, any partner of his and any child or young person who is a member of his household and for whom he or one of his partners is responsible;
(c)a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 15 (membership of the same household);
(d)subject to paragraph (3), a person who jointly occupies the claimant’s dwelling;
(e)subject to paragraph (3), any person who is liable to make payments in respect of his occupation of the dwelling to the claimant or the claimant’s partner;
(f)a person who lives with the claimant in order to care for him or a partner of his and who is engaged by a charitable or voluntary body (other than a public or local authority) which makes a charge to the claimant or his partner for the services provided by that person.
(3) Excepting persons to whom paragraph (2)(a) to (c) and (f) refer, a person who normally resides with a claimant and who is a boarder or a person to whom any of sub-paragraphs (a) to (c) of regulation 7 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) applies shall be a non-dependant.
(4) For the purposes of this regulation and regulation 7 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area within the meaning prescribed in paragraph 7 of Schedule 1.
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