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Non-dependant deductions

This content applies to England

How deductions can be made from housing benefit for people living in the claimant's home.

Definition

A non-dependant is an adult son, daughter, friend or relative who 'normally resides' with the claimant.[1] It is assumed that a non-dependant will make contributions towards the rent, whether such contributions are made or not. The partner of a claimant, a lodger or a joint tenant is not a non-dependant.

A person may live in two places. A person residing with the claimant will not be a non-dependant if their normal home is elsewhere.[2]

Exclusions

No non-dependant deduction is made (for any number of non-dependants) if the claimant or any partner is registered blind or has regained her/his sight within the last 28 weeks, or is receiving the care component of disability allowance, the daily living component of personal independence payment, or attendance allowance.[3] If the claimant or any partner is aged 65 or over, a deduction is delayed until the non-dependant has been living in her/his home for 26 weeks.[4]

Additionally, no non-dependant deduction is made for any particular non-dependant who is:[5]

  • under the age of 18
  • in receipt of income support or income-based jobseeker's allowance and under the age of 25
  • in receipt of universal credit and under the age of 25 and with no earned income
  • a full-time student (with rare exceptions)
  • receiving a work based training allowance
  • in prison or similar forms of detention
  • in hospital for over 52 weeks
  • staying in the household but whose normal home is elsewhere
  • not residing with the claimant because s/he is a member of the armed forces away on operations.

One deduction is made per non-dependant (unless one of the above exceptions applies), but in the case of non-dependant couples, only one deduction applies between them.[6]

Deduction rates

The housing benefit regulations fix the amount of the deductions in relation to whether the non-dependant is working and how much s/he earns.[7] For details of the amounts of the deduction for the current year and recent years, see the Benefit rates section.

The claimant is responsible for providing evidence of a non-dependant's income. If this is not provided the local authority can make the highest rate of deduction but should not where it is unlikely to reflect the non-dependant's circumstances.[8]

[1] regs 3(1) and 74(7)(a) Housing Benefit Regulations 2006 SI 2006/213; regs 3(1) and 55(7)(a) Housing Benefit (Persons who have attained the qualifying age for pension credit) Regulations 2006 SI 2006/214.

[2] JP v Bournemouth Borough Council (HB) [2018] UKUT 75 (AAC.

[3] reg 74(6) Housing Benefit Regulations 2006 SI 2006/213, as amended by Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 SI 2013/388; reg 55(6) Housing Benefit (Persons who have attained the qualifying age for pension credit) Regulations 2006 SI 2006/214, as amended by Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 SI 2013/388.

[4] reg 59(10)-(13) Housing Benefit (Persons who have attained the qualifying age for pension credit) Regulations 2006 SI 2006/214.

[5] reg 74(7)-(8) Housing Benefit Regulations 2006 SI 2006/213 as amended by by para 35 Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous) Regulations 2013 SI 2013/630 and Housing Benefit (Amendment) Regulations 2013 SI 2013/665; reg 55(7)-(8) Housing Benefit (Persons who have attained the qualifying age for pension credit) Regulations 2006 SI 2006/214.

[6] reg 74(3) Housing Benefit Regulations 2006 SI 2006/213; reg 55(3) Housing Benefit (Persons who have attained the qualifying age for pension credit) Regulations 2006 SI 2006/214.

[7] reg 74(1)-(2) Housing Benefit Regulations 2006, SI 2006/213; reg 55(1)-(2) Housing Benefit (Persons who have attained the qualifying age for pension credit) Regulations 2006 SI 2006/214.

[8] Commissioner's decision CH/48/2006; para A5.550 HB Guidance Manual, DWP.

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