Deductions from universal credit for non-dependants

Non-dependants are included when working out how many bedrooms a claimant is entitled to for the purposes of calculating the housing costs element.[1]

The DWP assumes that non-dependants will contribute towards the rent and takes a deduction from the housing costs element. This is called a 'housing cost contribution'.[2] A housing cost contribution is the equivalent of a non-dependant deduction under the housing benefit rules. A deduction can be applied to claimants who rent their home in the social or private rented sectors.

The housing cost contribution amount is a flat-rate which is set each April. The 2023/24 rate for each non-dependant is £85.73 each month.[3] Where there is a couple living with the claimant, two deductions are usually taken from the claimant's housing costs element.[4]

Where the total amount of housing cost contributions is more than the claimant's eligible rent, the housing costs element is reduced to nil. No further deductions are taken from the claimant's universal credit award.[5]

A non-dependant is a person who normally lives with the claimant as part of their 'extended benefit unit', such as a family member.[6]

A claimant can ask for a mandatory reconsideration or appeal if they disagree with the DWP's decision that a person is a non-dependant.

People who live with the claimant are not classed as a non-dependants if they are:[7]

• the claimant's partner

• a joint tenant

• a lodger who pays rent on a commercial basis

• a resident landlord or a member of their household

• treated as a non-dependant in relation to another universal credit claim

Children and qualifying young people

Where the claimant is responsible for a child or qualifying young person, they are included in the claimant's extended benefit unit but are not a non-dependant.[8]

Where a non-dependant is responsible for a child or qualifying young person, they are included in the claimant's extended benefit unit and also count as a non-dependant.

The following people are not included in the claimant's extended benefit unit and are not counted as non-dependants:[9]

• foster children[10]

• a child or qualifying young person no one in the claimant's extended benefit unit is responsible for, such as a child who normally lives with another parent

Normally living with the claimant

A person must normally live with the claimant to count as a non-dependant.[11] This is the case if the person treats the address as their home and shares some of the accommodation with the claimant, such as the kitchen.[12]

A person who is only staying with the claimant temporarily is not a non-dependant. This can include if the person:

• normally lives somewhere else[13]

• is sofa surfing for a very short period[14], although they can become a non-dependant if the arrangement continues for longer than first intended.[15]

• is homeless and only using the claimant's address for post

A housing cost contribution is not deducted when the claimant or their partner is certified as severely sight impaired or blind by a consultant ophthalmologist.[16]

A deduction is also not made when the claimant or their partner is receiving one of the following payments:[17]

• daily living component of personal independence payment

• middle or high rate care component of disability living allowance

• attendance allowance

This includes when the claimant or their partner is entitled to the payment but isn't receiving it as a consequence of receiving support under other legislation.[18]

A housing cost contribution is not deducted when the non-dependant is receiving one of the following payments:[19]

• daily living component of personal independence payment

• middle or high rate care component of disability living allowance

• attendance allowance

This includes when the non-dependant is entitled to the payment but isn't receiving it as a consequence of receiving support under other legislation.[20]

A deduction is also not made if the non-dependant is:[21]

• aged under 21

• receiving pension credit

• receiving carer's allowance

• a carer of a child aged under 5

• a prisoner

• a child or step-child in the Armed Forces

Child or step-child in the Armed Forces

To qualify for an exemption from a housing cost contribution deduction, the adult child or step-child in the Armed Forces must:[22]

• be away on operations

• have been living at the claimant's home immediately before leaving to go on operations

• intend to return to the claimant's home

'Away on operations' can be within the UK or abroad, and can include pre-deployment training and post-operation leave, also known as 'normalisation'.[23]

A non-dependant can be included in the claimant's extended benefit unit during a temporary absence.

During a temporary absence, the claimant's bedroom entitlement is worked out as though the non-dependant is living with them. A housing cost contribution is still deducted, unless one of the exemptions apply.

Before the temporary absence began both of the following must apply:[24]

• the non-dependant was living with the claimant

• the claimant was receiving the housing costs element

A non-dependant is included in the claimant's extended benefit unit during a temporary absence for:[25]

• up to one month if they are abroad, which can be extended for one more month when there has been a death of a close relative

• up to six months if they are abroad for treatment of illness or a physical or mental impairment

• up to six months if they are in prison and are not expected to remain in custody for longer than six months

• any period when they are away on operations with the Armed Forces

In all other circumstances, the non-dependant can be treated as being a member of the claimant's extended benefit unit during a temporary absence which does not exceed, or is not expected to exceed, six months.[26]

Students are treated as non-dependants unless one of the exceptions apply.[27] This is different to the non-dependant rules for housing benefit.

Students who are staying at another address for the purpose of their studies can sometimes be treated as a non-dependant. For example, a university student who is staying in student accommodation but normally lives at their parent's house. The claimant's bedroom entitlement can still be worked out as though the student is living with them, as long as their absences from home fall within the rules for temporary absences. A housing cost contribution is deducted, unless the claimant or the non-dependant is exempt.

DWP guidance advises decision makers to look at where the student normally resides and whether the student is only temporarily absent while they are living elsewhere.[28]