Non-dependant deductions

Housing benefit will nearly always be reduced where people who are considered to be 'non-dependants' live with the claimant. [1] A non-dependant is a person who normally lives with the claimant and who is aged over 18, and not responsible for paying the rent (unless s/he does pay rent but does not count as paying rent under the housing benefit rules, for example someone paying rent to a close relative) but could be making a contribution to the household. [2]

Non-dependants are usually adult children, relatives or friends, but do not include joint tenants who share responsibility for paying the rent. In the case of non-dependant couples, only one deduction applies. The housing benefit regulations fix the deductions to be made for each non-dependant in relation to whether the non-dependant is working and how much s/he earns. The non-dependant deduction is made whether or not money is actually received from the non-dependant.

There will be no non-dependant deduction where the non-dependant is in one of the following groups: [3]

• full-time students during their period of study, or during the summer vacation if they are not in paid employment

• those receiving a work based training allowance (formerly a youth training allowance)

• household members who are in prison

• patients in hospital for over 52 weeks

• those currently staying in the household but whose normal home is elsewhere

• those under the age of 25 who are in receipt of income support/jobseeker's allowance, or employment and support allowance where no support component or work-related activity component is being paid (ie only during the initial 13 week assessment phase) [4]

• those under the age of 18 [5]

• those in receipt of pension credit. [6]

No non-dependent deduction is made (for any number of non-dependants) if:[7]

• the claimant is blind or has regained their sight in the last 28 weeks,

• the claimant is receiving the care component of disability living allowance, attendance allowance or the daily living component of personal independence payment

If the claimant or claimant's partner is aged 65 years or over, no non-dependant deduction will be made for a full time student at any time during the year, regardless of the student's employment status. [8]

If the claimant or claimant's partner is at least 65 years old and a non-dependant moves into the house, or a change in respect of a non-dependant already living there means that a higher deduction should be made, then the non-dependant deduction or higher deduction should not be applied to the claim for 26 weeks after the change occurred. [9]

One deduction is made per non-dependant (unless one of the above exceptions applies), but in the case of non-dependant couples, only one deduction applies between them.[10]

The housing benefit regulations fix the amount of the deductions in relation to whether the non-dependant is working and how much s/he earns.[11] For details of the amounts of the deduction for the current year and recent years, see the Benefit rates section.

The claimant is responsible for providing evidence of a non-dependant's income. If this is not provided the local authority can make the highest rate of deduction but should not where it is unlikely to reflect the non-dependant's circumstances.[12]