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The Employment and Support Allowance Regulations (Northern Ireland) 2008

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Non-dependant deductions

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, £47∙75;

(b)in respect of a non-dependant aged 18 or over to whom head (a) does not apply, £7∙40.

(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 Department that the non-dependant’s gross weekly income is—

(a)less than £116∙00, the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);

(b)not less than £116∙00 but less than £172∙00, the deduction to be made under this paragraph shall be £17∙00;

(c)not less than £172∙00 but less than £223∙00, the deduction to be made under this paragraph shall be £23∙35;

(d)not less than £223∙00 but less than £296∙00, the deduction to be made under this paragraph shall be £38∙20;

(e)not less than £296∙00 but less than £369∙00, the deduction to be made under this paragraph shall be £43∙50.

(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 shall 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—

(a)certified as blind or severely sight impaired and in consequence is registered as blind or severely sight impaired in a register maintained by or on behalf of a Health and Social Services Board, or who is within 28 weeks of ceasing to be so registered;

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

(i)an attendance allowance, or

(ii)the care component of the disability living allowance.

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

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

(b)if the non-dependant is in receipt of a training allowance paid in connection with training provided or arranged by the Department for Employment and Learning under sections 2 and 3 of the Disabled Persons (Employment) Act or section 1(1) of the Employment and Training Act for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;

(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 72 of the Housing Benefit Regulations (non-dependant deductions);

(f)to whom, but for regulation 71(5) (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 by paragraph 5(13) and “prisoner” has the meaning given by regulation 69(2) (special cases); and

(ii)in calculating a period of 52 weeks as a patient, any 2 or more distinct periods separated by one or more intervals each not exceeding 28 days is to be treated as a single period; or

(h)if the non-dependant is in receipt of state pension credit.

(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 or disability living allowance received by that non-dependant;

(b)any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the 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 21 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 40 of Schedule 8 (payments made under certain trusts and certain other payments).

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