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SCHEDULES

SCHEDULE 2 HOUSING COSTS

Non-dependant deductions

17.—(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 shall be made—

[F1(a)in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, £47.75;]

[F1(b)in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, £7.40.]

(c)in respect of a non-dependant aged 18 or over to whom neither head (a) nor head (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 [F2the Secretary of State] that the non-dependant’s gross weekly income is—

(a)less than [F3£116.00], the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);

(b)not less than [F4£116.00] but less than [F5£172.00] the deduction to be made under this paragraph shall be £17.00;

(c)not less than [F6£172.00] but less than [F7£223.00] the deduction to be made under this paragraph shall be £23.35.

[F8(d)not less than [F9£223.00] but less than [F10£296.00] the deduction to be made under this paragraph shall be £38.20;]

[F8(e)not less than [F11£296.00] but less than [F12£369.00] 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 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 shall 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 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)blind or treated as blind within the meaning of paragraph 14(1)(h) and (2) of Schedule 1 (additional condition for the higher pensioner and disability premiums); 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 [F13the Secretary of State] that the dwelling occupied as his home is normally elsewhere; or

[F14(b)if he is in receipt of [F15a training allowance paid in connection with a Youth Training Scheme established under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or]]

(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; or

(d)if he is aged under 25 and in receipt of [F16an income-based jobseeker’s allowance] or income support; or

(e)in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under [F17regulation 74 of the Housing Benefit Regulations 2006] (non-dependant deductions); or

(f)to whom, but for paragraph (5) of regulation 2 (definition of non-dependant) paragraph (4) of that regulation would apply; or

(g)if he is not residing with the claimant because he has been a patient for a period in excess of [F1852] weeks, or is a prisoner, and for these purposes—

[F19(i)“patient” has the meaning given in paragraph 3(13)(b) and “prisoner” has the meaning given in regulation 85(4), and]

[F19(ii)in calculating any period of 52 weeks as a patient, any two or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; F20...]

[F21(h)if he is in receipt of state pension credit] [F22or

(i)he is aged less than 25 and is in receipt of employment and support allowance which does not include an amount under section 4(4) or (5) of the Welfare Reform Act (components)]

(8) In the case of a non-dependant to whom sub-paragraph (2) 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 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 Funds which, had his income fallen to be calculated under regulation 103 (calculation of income other than earnings), would have been disregarded under paragraph 22 of Schedule 7 (income in kind); and

(c)any payment which, had his income fallen to be calculated under regulation 103 would have been disregarded under paragraph 41 of Schedule 7 (payments made under certain trusts and certain other payments).

Textual Amendments

F3Sum in Sch. 2 para. 17(2)(a) substituted (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(c)

F4Sum in Sch. 2 para. 17(2)(b) substituted (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(d)(i)

F5Sum in Sch. 2 para. 17(2)(b) substituted (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(d)(ii)

F6Sum in Sch. 2 para. 17(2)(c) substituted (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(e)(i)

F7Sum in Sch. 2 para. 17(2)(c) substituted (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(e)(ii)

F8Sch. 2 para. 17(2)(d)(e) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Non-Dependant Deductions) Regulations 1996 (S.I. 1996/2518), regs. 1(1)(c), 4(b)

F9Sum in Sch. 2 para. 17(2)(d) substituted (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(f)(i)

F10Sum in Sch. 2 para. 17(2)(d) substituted (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(f)(ii)

F11Sum in Sch. 2 para. 17(2)(e) substituted (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(g)(i)

F12Sum in Sch. 2 para. 17(2)(e) substituted (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(g)(ii)

F18Word in Sch. 2 para. 17(7)(g) substituted (coming into force in accordance with reg. 1(f) of the amending S.I.) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(f), 6(4)

F19Words in Sch. 2 para. 17(7)(g)(i)(ii) substituted (for specified purposes and with effect in accordance with reg. 1(d) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 6(4)

Modifications etc. (not altering text)

C1Sch. 2 para. 17(1)(a): sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(a)

C2Sch. 2 para. 17(1)(b): sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(b)

C3Sch. 2 para. 17(2)(b): sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(d)(iii)

C4Sch. 2 para. 17(2)(c): sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(e)(iii)

C5Sch. 2 para. 17(2)(d): sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(f)(iii)

C6Sch. 2 para. 17(2)(e): sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(7)(g)(iii)