HOUSING AND COUNCIL TAX
BENEFIT
Non-dependants
Non-dependants are usually adult sons, daughters, other
relatives or friends who live in the claimant's household on a
non-commercial basis.
Some claimants receive money from their non-dependants to pay
for their keep. This may include a contribution towards rent,
council tax, food or other household expenses. This money is not
counted as the claimants income, but instead, deductions are made
from the claimants Housing and Council Tax benefit. These
deductions often do not relate to the amount that the non-dependant
pays. They are fixed deductions that apply even if the
non-dependant pays the claimant nothing at all.
In the following cases, no deduction applies
because these persons are defined by law as not being
non-dependants:
- children aged under 16
- young persons aged between 16 and
18
- boarders, sub-tenants and joint
occupiers
- carers provided by a charity/
voluntary organisation that the claimant/partner pays for
- the claimants landlord and members of
the landlords household
There are also no deductions for non-depepndants where the
claimant or partner:
- Is registered blind or has ceased to
be registered blind in the past 28
weeks
- Receives the care component of
Disability Living Allowance payable at any rate
- Receives Attendance Allowance payable
at any rate
In addition, there are no deductions where the
non-dependants:
- Are in receipt of IS / JSA(IB) and
under 25 years of age
- Are aged under 18 years of age
- In Council Tax Benefit only - aged 25
years and over and in receipt of Pension Credit
- Are full time students
- Are on an approved youth training or
Youth Credit course
- In prison or otherwise detained
- In hospital for more than 52
weeks
- Live elsewhere
- Fall into any of the groups who are
'disregarded
persons' for Council Tax purposes
Non-dependants income
For non-dependants in remunerative work, there are up to 6
possible levels of deduction that are applied to Housing and
Council Tax benefit, depending on the level of gross income.
For non-dependants that are not in remunerative work, the
lowest level of deduction applies for both Housing and Council Tax
benefit. We still need the claimant to provide proof of
the non-dependants income to verify that the lowest deduction is
applicable, to comply with the Verification Framework.
Where we do not know (or do not have documentary proof) of the
non-dependants income the Council applies the highest level of
deduction until the claimant provides the relevant
proof. The Council takes gross income into
account.
Evidence of
earnings- This means the last 5 pays slips
if paid every week, the last 3 pay slips if paid every
2 weeks or the last 2 payslips if paid every month. If
you cannot get your non-depenantds pay slips we will accept a
certificate
of earnings completed by their employer. If your
non-dependants are self-employed they need to complete the
self-employed form.
Evidence of other
income- Such as pension slips from a
former employer or a letter from the court showing how much
maintenance they are getting.
Evidence of benefits,
allowances or pensions- such as current
award notices, or letters from the Department for Works and
Pensions confirming how much they get.
If you do not have evidence for your non-dependant please let
us know straight away.
Non-dependants on pensioner claims
On 06.10.03 for all claims where the claimant and / or partner
are aged 65 over, the rules changed for the way in which
non-dependants are treated.
In these cases, where a non-dependant moves into a property,
or has an income increase that would result in a higher
non-dependant deduction, the change only affects the claimants
benefit 26 weeks after the change actually took place.
Non-dependant deductions in Housing Benefit
April 2008
In receipt of Pension Credit, aged 25 or over and on IS
or JSA(IB) NIL
Or aged 18 or over and not in remunerative
work
£7.40
Aged 18 or over and in remunerative work:
-gross income less than
£116
£7.40
-gross income £116.00 -
£171.99
£17.00
-gross income £172.00-
£222.99
£23.35
-gross income £223.00-
£295.99
£38.20
-gross income £296.00-
£368.99
£43.50
-gross income £369.00 or
more
£47.75
Non-dependant deductions in Council Tax
Benefit
April 2008
Aged 18 or over and in remunerative
work:
-gross income £369.00or
more
£6.95
-gross income £296.00-
£368.99
£5.80
-gross income £172.00-
£295.99
£4.60
-gross income less than
£172.00
£2.30
Others aged over
18.
£2.30
In receipt of
IS/JSA(IB)
NIL
In receipt of Pension
Credit
NIL