74.—(1) Subject to the following provisions of this regulation, the deductions referred to in regulation 70 (maximum housing benefit) shall be—
(a)in respect of a non-dependant aged 18 or over in remunerative work, £47.75 per week;
(b)in respect of a non-dependant aged 18 or over to whom sub-paragraph (a) does not apply, £7.40 per week.
(2) In the case of a non-dependant aged 18 or over to whom paragraph (1)(a) applies because he is in remunerative work, where it is shown to the appropriate authority that his normal weekly gross income is—
(a)less than £101.00, the deduction to be made under this regulation shall be that specified in paragraph 1(b);
(b)not less than £101.00 but less than £150.00, the deduction to be made under this regulation shall be £17.00;
(c)not less than £150.00 but less than £194.00, the deduction to be made under this regulation shall be £23.35;
(d)not less than £194.00 but less than £258.00, the deduction to be made under this regulation shall be £38.20;
(e)not less than £258.00 but less than £322.00, the deduction to be made under this regulation shall be £43.50.
(3) Only one deduction shall be made under this regulation in respect of a couple or, as the case may be, members of a polygamous marriage and, where, but for this 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 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 paragraph (2) to the couple's or, as the case may be, all members of the polygamous marriage's joint weekly gross 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 payments in respect of the dwelling payable by each of them.
(6) No deduction shall be made in respect of any non-dependants occupying a claimant's dwelling if the claimant or his partner is—
(a)blind or treated as blind by virtue of paragraph 13 of Schedule 3 (additional condition of the higher pensioner and disability premiums); or
(b)receiving in respect of himself either—
(i)attendance allowance; or
(ii)the care component of the disability living allowance.
(7) No deduction shall be made in respect of a non-dependant if—
(a)although he resides with the claimant, it appears to the appropriate authority that his normal home is elsewhere; or
(b)he is in receipt of a training allowance paid in connection with a Youth Training Scheme established under section 2 of the 1973 Act or section 2 of the Enterprise and New Towns (Scotland) Act 1990 M1; or
(c)he is a full-time student during a period of study within the meaning of Part 7 (Students); or
(d)he is a full time student and during a recognised summer vacation appropriate to his course he is not in remunerative work; or
(e)he is a full-time student and the claimant or his partner has attained the age of 65; or
(f)he is not residing with the claimant because he has been a patient for a period in excess of 52 weeks, or a prisoner, and for these purposes—
[F1(i)“patient” has the meaning given in paragraph (9) of regulation 5 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home),
(ii)where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods, and]
(iii)“prisoner” means a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court other than a person who is detained in hospital under the provisions of the Mental Health Act 1983 M2, or, in Scotland, under the provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 M3 or the Criminal Procedure (Scotland) Act 1995 M4.
(8) No deduction shall be made in calculating the amount of a rent rebate or allowance in respect of a non-dependant aged less than 25 who is on income support or an income-based jobseeker's allowance.
(9) In the case of a non-dependant to whom paragraph (2) applies because he is in remunerative work, there shall be disregarded from his weekly 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 23 of Schedule 5 (income in kind); and
(c)any payment which had his income fallen to be calculated under regulation 40 would have been disregarded under paragraph 35 of Schedule 5 (payments made under certain trusts and certain other payments).
(10) No deduction shall be made in respect of a non-dependant who is on state pension credit.
Textual Amendments
F1Words in reg. 74(7)(f) substituted by S.I. 2005/2502, reg. 2(8) (as amended) (3.4.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 27(8) (with regs. 2, 3, Sch. 3, Sch. 4)
Marginal Citations