- Latest available (Revised)
- Point in Time (01/04/2016)
- Original (As made)
Version Superseded: 01/04/2017
Point in time view as at 01/04/2016. This version of this provision has been superseded.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 Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, Section 55.
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.
[F155.—(1) Subject to the following provisions of this regulation, the deductions referred to in regulation 50 (maximum housing benefit) shall be—
(a)in respect of a non-dependant aged 18 or over in remunerative work, [F2£94.50 ]per week;
(b)in respect of a non-dependant aged 18 or over to whom sub-paragraph (a) does not apply, [F3£14.65 ]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 [F4£133.00,] the deduction to be made under this regulation shall be that specified in paragraph (1)(b);
(b)not less than [F5£133.00 ]but less than [F5£195.00,] the deduction to be made under this regulation shall be [F5£33.65;]
(c)not less than [F6£195.00 ]but less than [F6£253.00,] the deduction to be made under this regulation shall be [F6£46.20;]
(d)not less than [F7£253.00 ]but less than [F7£338.00,] the deduction to be made under this regulation shall be [F7£75.60;]
(e)not less than [F8£338.00 ]but less than [F8£420.00,] the deduction to be made under this regulation shall be [F8£86.10.]
(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 6(5) of Schedule 3 (severe disability premiums); or
(b)receiving in respect of himself either—
(i)attendance allowance;F9...
(ii)the care component of the disability living allowance[F10; F11...
(iii)the daily living component of personal independence payment][F12; or
(iv)armed forces independence payment.]
(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 [F13youth training] established under section 2 of the 1973 Act or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or
(c)he is a full-time student during a period of study within the meaning of regulation 53(1) of the Housing Benefit Regulations 2006 (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—
(i)“patient” has the meaning given in paragraph (18) of regulation 7 (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, or, in Scotland, under the provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995.
[F14(g)he is not residing with the claimant because he is a member of the armed forces away on operations.]
(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 [F15, an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component) [F16or who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income]].
(9) No deduction shall be made in respect of a non-dependant who is on state pension credit.
(10) 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 [F17, disability living allowance [F18, armed forces independence payment] or personal independence payment] received by him;
(b) any payment made under [F19or by] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) ( No. 2) Trust, the Fund, the Eileen Trust [F20, MFET Limited] [F21, the Skipton Fund, the Caxton Foundation] or the Independent Living [F22Fund (2006)] which had his income fallen to be calculated under regulation 40 (calculation of income other than earnings) of the Housing Benefit Regulations 2006 would have been disregarded under paragraph 23 of Schedule 5 (income in kind) to those Regulations; and
(c)any payment which had his income fallen to be calculated under regulation 40 of the Housing Benefit Regulations 2006 would have been disregarded under paragraph 35 of Schedule 5 (payments made under certain trusts and certain other payments) to those Regulations.]
[F23(11) For the purposes of paragraph (8), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.]
Textual Amendments
F1Reg. 55 substituted (with application in accordance with reg. 1(5)(6)(7) of the amending S.I.) by Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2869), regs. 1(3), 14
F2Reg. 55(1)(a) sums substituted (coming into force in accordance with reg. 1(2)(f) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 6(2)(a)
F3Reg. 55(1)(b) sums substituted (coming into force in accordance with reg. 1(2)(f) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 6(2)(b)
F4Reg. 55(2)(a) sums substituted (coming into force in accordance with reg. 1(2)(f) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 6(2)(c)
F5Reg. 55(2)(b) sums substituted (coming into force in accordance with reg. 1(2)(f) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 6(2)(d)
F6Reg. 55(2)(c) sums substituted (coming into force in accordance with reg. 1(2)(f) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 6(2)(e)
F7Reg. 55(2)(d) sums substituted (coming into force in accordance with reg. 1(2)(f) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 6(2)(f)
F8Reg. 55(2)(e) sums substituted (coming into force in accordance with reg. 1(2)(f) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 6(2)(g)
F9Word in reg. 55(6)(b)(i) omitted (8.4.2013) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 37(5)(a)
F10Reg. 55(6)(b)(iii) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 37(5)(b)
F11Word in reg. 55(6)(b) omitted (8.4.2013) by virtue of The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 35(5)(a)
F12Reg. 55(6)(b)(iv) and word inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 35(5)(b)
F13Words in reg. 55(7)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 7(4)(a), (8)
F14Reg. 55(7)(g) added (1.4.2013) by The Housing Benefit (Amendment) Regulations 2013 (S.I. 2013/665), regs. 1, 3(5)
F15Words in reg. 55(8) substituted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 37
F16Words in reg. 55(8) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 36(5)(a)
F17Words in reg. 55(10)(a) substituted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 37(5)(c)
F18Words in reg. 55(10)(a) inserted (8.4.2013) by The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013 (S.I. 2013/591), art. 2(2), Sch. para. 35(5)(c)
F19Words in reg. 55(10)(b) inserted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in force) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(3)(b), 9(5)(a)
F20Words in reg. 55(10)(b) inserted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in force) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(3)(b), 9(3)(b)
F21Words in reg. 55(10)(b) inserted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 20(7)
F22Words in reg. 55(10)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments) (No.6) Regulations 2008 (S.I. 2008/2767), regs. 1(2), 7(4)(b), (8)
F23Reg. 55(11) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 36(5)(b)
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.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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: