PART 6Amount of benefit
Non-dependant deductions58
1
Subject to the following provisions of this regulation, the non-dependant deductions in respect of a day referred to in regulation 57 (maximum council tax benefit) shall be—
a
in respect of a non-dependant aged 18 or over in remunerative work, £6.95 × 1/7;
b
in respect of a non-dependant aged 18 or over to whom sub-paragraph (a) does not apply, £2.30 × 1/7.
2
In the case of a non-dependant aged 18 or over to whom paragraph (1)(a) applies, where it is shown to the appropriate authority that his normal gross weekly income is—
a
less than £150.00, the deduction to be made under this regulation shall be that specified in paragraph (1)(b);
b
not less than £150.00 but less than £258.00, the deduction to be made under this regulation shall be £4.60;
c
not less than £258.00 but less than £322.00, the deduction to be made under this regulation shall be £5.80.
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 that paragraph, to the couple’s or, as the case may be, all members of the polygamous marriage’s joint weekly gross income.
5
Where in respect of a day—
a
a person is a resident in a dwelling but is not himself liable for council tax in respect of that dwelling and that day;
b
other residents in that dwelling (the liable persons) have joint and several liability for council tax in respect of that dwelling and that day otherwise than by virtue of section 9 or 77 or 77A of the 1992 Act132 (liability of spouses and civil partners); and
c
the person to whom sub-paragraph (a) refers is a non-dependant of two or more of the liable persons,
the deduction in respect of that non-dependant shall be apportioned equally between those liable persons.
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 1 (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 relevant authority that his normal home is elsewhere; or
b
c
he is a full-time student within the meaning of Part 5 (Students); or
d
he is not residing with the claimant because he has been a patient for a period in excess of 52 weeks, and for these purposes—
i
“patient” has the meaning given in regulation 14(2) (patients); and
ii
the period of 52 weeks shall be calculated by reference to paragraph (3) of that regulation as if that paragraph applied in his case.
8
No deduction shall be made in respect of a non-dependant—
a
who is on income support, state pension credit or an income-based jobseeker’s allowance; or
b
to whom Schedule 1 of the 1992 Act applies (persons disregarded for purposes of discount) but this sub-paragraph shall not apply to a non-dependant who is a student to whom paragraph 4 of that Schedule refers.
9
In the application of paragraph (2) 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 Trusts, the Fund, the Eileen Trust or the Independent Living Funds which had his income fallen to be calculated under regulation 30 (calculation of income other than earnings) would have been disregarded under paragraph 24 of Schedule 4 (income in kind); and
c
any payment which had his income fallen to be calculated under regulation 30 would have been disregarded under paragraph 36 of Schedule 4 (payments made under certain trusts and certain other payments).