Non-dependant deductions: pensioners
3.—(1) Subject to the following provisions of this paragraph, the non-dependant deductions in respect of a day referred to in paragraph 2 are—
(a)in respect of a non-dependant aged 18 or over in remunerative work, £10.95 x 1/7;
(b)in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £3.65 x 1/7.
(2) In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies, where it is shown to the authority that that non-dependant’s normal gross weekly income is—
(a)less than £186.00, the deduction to be made under this paragraph is that specified in sub-paragraph (1)(b);
(b)not less than £186.00 but less than £322.00, the deduction to be made under this paragraph is £7.25 x 1/7;
(c)not less than £322.00 but less than £401.00, the deduction to be made under this paragraph is £9.15 x 1/7.
(3) Only one deduction is to be made under this paragraph in respect of a couple or, as the case may be, members of a polygamous marriage and, where, but for this 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 must be had, for the purpose of that sub-paragraph, to the couple’s or, as the case may be, all members of the polygamous marriage’s joint weekly gross income.
(5) Where in respect of a day—
(a)a person is a resident in a dwelling but that person is not liable for council tax in respect of that dwelling and that day;
(b)other residents in that dwelling (the liable persons) have joint and several liability for council tax in respect of that dwelling and that day otherwise than by virtue of section 9 of the 1992 Act (liability of spouses and civil partners); and
(c)the person to whom paragraph (a) refers is a non-dependant of two or more of the liable persons,
the deduction in respect of that non-dependant must be apportioned equally between those liable persons.
(6) No deduction is to be made in respect of any non-dependants occupying an applicant’s dwelling if the applicant or the applicant’s partner is—
(a)blind or treated as blind by virtue of paragraph 20 of Schedule 1 (additional condition for the disability premium); or
(b)receiving in respect of the applicant—
(i)attendance allowance or would be receiving that allowance but for—
(aa)a suspension of benefit in accordance with regulations under section 113(2) of the SSCBA; or
(bb)an abatement as a result of hospitalisation; or
(ii)the care component of the disability living allowance, or would be receiving that component but for—
(aa)a suspension of benefit in accordance with regulations under section 113(2) of the SSCBA; or
(bb)an abatement as a result of hospitalisation; or
(iii)the daily living component of personal independence payment or would be receiving that allowance but for a suspension of benefit in accordance with regulations under section 86 of the Welfare Reform Act 2012(1) (hospital in-patients); or
(iv)an AFIP, or would be receiving that payment but for a suspension of it in accordance with any terms of the armed and reserve forces compensation scheme which allow for a suspension because a person is undergoing medical treatment in a hospital or similar institution.
(7) No deduction is to be made in respect of a non-dependant if—
(a)although that non-dependant resides with the applicant, it appears to the authority that that non-dependant’s normal home is elsewhere; or
(b)the non-dependant is in receipt of a training allowance paid in connection with youth training established under section 2 of the Employment and Training Act 1973(2) or section 2 of the Enterprise and New Towns (Scotland) Act 1990(3); or
(c)the non-dependant is a full-time student within the meaning of Schedule 11 (Students); or
(d)the non-dependant is not residing with the applicant because the non-dependant has been a patient for a period in excess of 52 weeks, and for these purposes—
(i)“patient” (“claf”) has the meaning given in regulation 24(6), and
(ii)where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, that person is to be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods.
(8) No deduction is to be made in respect of a non-dependant—
(a)who is on income support, state pension credit, an income-based jobseeker’s allowance or an income related employment and support allowance; or
(b)to whom Schedule 1 to the 1992 Act applies (persons disregarded for purposes of discount); but this paragraph does not apply to a non-dependant who is a student to whom paragraph 4 of that Schedule refers.
(9) In the application of sub-paragraph (2) there is to be disregarded from the non-dependant’s weekly gross income any attendance allowance, disability living allowance, personal independence payment or AFIP received by the non-dependant.
1973 c.50; section 2 was substituted by section 25 of the Employment Act 1988 (c.19) and subsequently amended by section 29 of, and Part 1 of Schedule 7 to, the Employment Act 1989 (c.38) and, in relation to Scotland only, section 47 of the Trade Union Reform and Employment Rights Act 1993 (c.19).
1990 c.35; section 2 was amended by section 47 of the Trade Union Reform and Employment Rights Act 1993 (c.19); article 4 of, and paragraph 100 of Schedule 2 to, S.I. 1999/1820; and paragraph 20 of Schedule 26 to the Equality Act 2010 (c.15).