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Housing benefit non-dependant deductions

This content applies to England

There are pending updates to this page following Brexit and the end of transition period on 31 December 2020

Deductions are made from housing benefit when other adults are also living in the claimant's home, with several exceptions.

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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