The Employment and Support Allowance Regulations 2008

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Point in time view as at 04/08/2016. This version of this provision has been superseded.

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Non-dependant deductionsE+W+S

This section has no associated Explanatory Memorandum

19.—(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 are to be made—

(a)in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, [F1£94.50];

(b)in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, [F2£14.65].

(2) In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies because that non-dependant is in remunerative work, where the claimant satisfies the Secretary of State that the non-dependant's gross weekly income is—

(a)less than [F3£133.00], the deduction to be made under this paragraph will be the deduction specified in sub-paragraph (1)(b);

(b)not less than [F4£133.00] but less than [F4£195.00], the deduction to be made under this paragraph will be [F4£33.65];

(c)not less than [F5£195.00] but less than [F5£253.00], the deduction to be made under this paragraph will be [F5£46.20];

(d)not less than [F6£253.00] but less than [F6£338.00], the deduction to be made under this paragraph will be [F6£75.60];

(e)not less than [F7£338.00] but less than [F7£420.00], the deduction to be made under this paragraph will be [F7£86.10].

(3) Only one deduction is to 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 is to 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 will be had, for the purpose of sub-paragraph (2), to the 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 or members of a polygamous marriage), the deduction in respect of that non-dependant is to 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 is to 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 the claimant is—

[F8(a)certified as blind or severely sight impaired by a consultant ophthalmologist, or who is within 28 weeks of ceasing to be so certified;]

(b)receiving in respect of that claimant or that claimant's partner either—

(i)an attendance allowance; F9...

(ii)the care component of the disability living allowance[F10; F11...]

[F10(iii)the daily living component][F12; or]

[F12(iv)armed forces independence payment.]

(7) No deduction is to be made in respect of a non-dependant—

(a)if, although the resides with the claimant, it appears to the Secretary of State that the dwelling occupied as the non-dependant's home is normally elsewhere;

(b)if the [F13non-dependant] is in receipt of a training allowance paid in connection with youth training;

(c)if the non-dependant is a full-time student during a period of study or, if the non-dependant is not in remunerative work, during a recognised summer vacation appropriate to the non-dependant's course;

(d)if the non-dependant is aged under 25 and in receipt of income support, an income-based jobseeker's allowance or an income-related allowance which does not include an amount under section 4(2)(b) of the Act;

(e)in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 74 of the Housing Benefit Regulations 2006 (non-dependant deductions);

[F14(f)to whom, but for paragraph (5) of regulation 71 (definition of non-dependant) paragraph (4) of that regulation would apply;]

(g)if the non-dependant is not residing with the claimant because the non-dependant has been a patient for a period in excess of 52 weeks, or is a prisoner, and for these purposes—

(i)“patient” has the meaning given in paragraph 5(13) and “prisoner” has the meaning given in regulation 69(2) (special cases); 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 is to be treated as a single period; F15...

(h)if the non-dependant is in receipt of state pension credit; [F16or]

[F16(ha)if the non-dependant is aged less than 25 and is entitled to an award of universal credit which is calculated on the basis that the non-dependant does not have any earned income;]

[F17(7ZA)] [F18For the purposes of sub-paragraph (7)(b)]—

“youth training” means—

(i)

arrangements made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or

(ii)

arrangements made by the Secretary of State for persons enlisted in Her Majesty's forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966 (power of Defence Council to make regulations as to engagement of persons in regular forces),

for purposes which include the training of persons who, at the beginning of their training, are under the age of 18.

[F19(7A) For the purposes of sub-paragraph (7)(ha), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.]

(8) In the case of a non-dependant to whom sub-paragraph (2) applies because that non-dependant is in remunerative work, there is to be disregarded from that non-dependant's gross income—

(a)any attendance allowance[F20, disability living allowance[F21, armed forces independence payment] or personal independence payment] received by that non-dependant;

(b)any payment made under [F22or by] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust[F23, MFET][F24, the Skipton Fund, the Caxton Foundation] or [F25the Independent Living Fund (2006)] which, had that non-dependant's income fallen to be calculated under regulation 104 (calculation of income other than earnings), would have been disregarded under paragraph 22 of Schedule 8 (income in kind); and

(c)any payment which, had that non-dependant's income fallen to be calculated under regulation 104 would have been disregarded under paragraph 41 of Schedule 8 (payments made under certain trusts and certain other payments).

Textual Amendments

F1Sum in Sch. 6 para. 19(1)(a) substituted (coming into force in accordance with reg. 1(2)(g) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 7(3)(a)

F2Sum in Sch. 6 para. 19(1)(b) substituted (coming into force in accordance with reg. 1(2)(g) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 7(3)(b)

F3Sum in Sch. 6 para. 19(2)(a) substituted (coming into force in accordance with reg. 1(2)(g) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 7(3)(c)

F4Sums in Sch. 6 para. 19(2)(b) substituted (coming into force in accordance with reg. 1(2)(g) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 7(3)(d)

F5Sums in Sch. 6 para. 19(2)(c) substituted (coming into force in accordance with reg. 1(2)(g) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 7(3)(e)

F6Sums in Sch. 6 para. 19(2)(d) substituted (coming into force in accordance with reg. 1(2)(g) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 7(3)(f)

F7Sums in Sch. 6 para. 19(2)(e) substituted (coming into force in accordance with reg. 1(2)(g) of the amending S.I.) by The Social Security Benefits (Adjustment of Amounts and Thresholds) Regulations 2016 (S.I. 2016/242), reg. 7(3)(g)

F8Sch. 6 para. 19(6)(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(7)(b)

F9Word in Sch. 6 para. 19(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. 40(6)(b)(i)

F10Sch. 6 para. 19(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. 40(6)(b)(ii)

F11Word in Sch. 6 para. 19(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. 37(6)(b)(i)