The Income Support (General) Regulations 1987

Definition of non-dependant E+W+S

3.—(1) In these Regulations, “ non-dependant” means any person, except someone to whom paragraph (2) applies, who normally resides with a claimant.

(2) This paragraph applies to—

(a) any member of the claimant's family;

(b) a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 16 (membership of the same household);

(c) a person who jointly occupies the claimant's dwelling [F1 and either is a co-owner of that dwelling with the claimant or his partner (whether or not there are other co-owners) or is liable with the claimant or his partner to make payments in respect of his occupation of the dwelling];

(d) F2 ... any person who is [F3 liable to make payments to the claimant or the claimant’s partner or to whom or to whose partner the claimant or the claimant’s partner is liable to make payments, in respect of his occupation of the dwelling;]

(e) a person who lives with the claimant in order to care for him or a partner of his and who is engaged by a charitable or voluntary body (other than a public or local authority) which makes a charge to the claimant or his partner for the services provided by that person.

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of this regulation a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area [F5 but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord].

(5) In this regulation “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

Textual Amendments

F1 Words in reg. 3(2)(c) added (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 3

F2 Words in reg. 3(2)(d) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 2(a)

F3 Words in reg. 3(2)(d) substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 2(a)

F4 Reg. 3(3) omitted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 2(b)

F5 Words in reg. 3(4) added (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 2(c)

Commencement Information

I1 Reg. 3 in force at 11.4.1988, see reg. 1