Advice & emergencies!Advice & emergencies
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