The State Pension Credit Regulations (Northern Ireland) 2003

Persons residing with the claimant

14.—(1) Subject to sub-paragraphs (2) to (8), the following deductions from the amount to be met under paragraphs 1 to 13 in respect of housing costs shall be made –

(a) in respect of a non-dependant aged 18 or over who is engaged in any remunerative work but is not in receipt of state pension credit, £47.75;

(b) in respect of a non-dependant who is engaged in remunerative work and in receipt of state pension credit, £7.40;

(c) in respect of a non-dependant aged 18 or over to whom neither head (a) or (b) applies, £7.40.

(2) In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies because he is in remunerative work, where the claimant satisfies the Department that the non-dependant’s gross weekly income is –

(a) less than £88.00, the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(c);

(b) not less than £88.00 but less than £131.00, the deduction to be made under this paragraph shall be £17.00;

(c) not less than £131.00 but less than £170.00, the deduction to be made under this paragraph shall be £23.35;

(d) not less than £170.00 but less than £225.00, the deduction to be made under this paragraph shall be £38.20;

(e) not less than £225.00 but less than £281.00, the deduction to be made under this paragraph shall be £43.50.

(3) Only one deduction shall be made under this paragraph in respect of partners and where, but for this sub-paragraph, the amount that would fall to be deducted in respect of one partner is higher than the amount (if any) that would fall to be deducted in respect of the other partner, the higher amount shall be deducted.

(4) In applying the provisions of sub-paragraph (2) in the case of partners, only one deduction shall be made in respect of the partners based on the partners' 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 partners), the deduction in respect of that non-dependant shall 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 shall 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 his is –

(a) registered as blind in a register compiled by a Health and Social Services Board established under Article 16 of the 1972 Order, or who is within 28 weeks of ceasing to be so registered, or

(b) receiving in respect of himself either –

(i) an attendance allowance, or

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

(7) No deduction shall be made in respect of a non-dependant –

(a) if, although he resides with the claimant, it appears to the Department that the dwelling occupied as his home is normally elsewhere;

(b) if he is in receipt of a training allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1 of the Employment and Training Act (Northern Ireland) 1950(1) or sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(2);

(c) if he is a full-time student during a period of study or, if he is not in remunerative work, during a recognised summer vacation appropriate to his course;

(d) if he is aged under 25 and in receipt of income support or an income-based jobseeker’s allowance, or

(e) if he is not residing with the claimant because he has been a patient for a period in excess of 13 weeks, or is a prisoner, and in calculating any period of 13 weeks, any 2 or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period.

(8) In the case of a non-dependant to whom sub-paragraph (1) applies because he is in remunerative work, there shall be disregarded from his gross income –

(a) any attendance allowance or disability living allowance received by him;

(b) any payment from the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), the Fund, the Eileen Trust or the Independent Living Funds, and

(c) any payment in kind.

(1)

1950 c. 29 (N.I.); section 1 was amended by Article 3 of the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I.1988/1087 (N.I.10)) and Article 5 of the Industrial Training (Northern Ireland) Order 1990 (S.I. 1990/1200 (N.I. 8))

(2)

1945 c. 6 (N.I.); sections 2 and 3 were amended by section 1 of the Disabled Persons (Employment) Act (Northern Ireland) 1960 (c. 4 (N.I.)) and Schedule 18 to the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))