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Housing Benefit Non Dependants

A guide to who can be classed as a non-dependant resident and their effect on entitlement to Housing and Council Tax benefits.

Non-dependants are usually people 18 years or older, who live in your home on a non-commercial basis.  This may be an adult son or daughter, a relative or any other adult who does not pay rent or Council Tax at the property.

The following people are not ‘non-dependants’

  • Children for whom you receive child benefit
  • A partner
  • People who own all or part of your home
  • A joint tenant or sub tenant
  • Professional carers or someone who lives in the property on a commercial basis

How Non-dependants affect a benefit claim

If you have a non-dependant living in your household the amount of benefit that can be paid may be reduced by a ‘Non-dependant deduction’. This is because it is reasonable to expect the non-dependant to make a contribution towards the household expenses.

The deductions are made from your benefit at source before any ‘means testing’ is applied.

The amount of deduction is set each year by the Government and depends on the income of the non-dependant.

Non Dependants Deduction Rates 2010/11

  Gross
Weekly
Income
Deduction
from
CTB
Deduction
from
HB
Where the non-dependant is aged 18 or over and in paid work £382 or more £6.95 £47.47
  £306 - £381.99 £5.80 £43.50
  £231 - £305.99 £4.60 £38.20
  £178 - £230.99 £4.60 £23.35
  £120 - £177.99 £2.30 £17.00
   Less than £120  £2.30 £7.40
In receipt of Income Support, Jobseeker’s Allowance, Employment Support Allowance   Nil £7.40*
In receipt of Pension Credit   Nil Nil
Others aged 18 or over   £2.30 £7.40

*except for those under 25 years of age-when the deduction is NIL
CTB = Council Tax Benefit
HB = Housing benefit

When no deduction is made

No deduction is made where a claimant or partner is registered blind or a claimant or partner is in receipt of Attendance Allowance or Disabled Living Allowance (care component).

There is no non-dependant deduction where the non-dependant is a student or receives a youth training allowance, or has been a hospital in-patient for more than six weeks.

Multiple Non-Dependants

A separate deduction is made for each non-dependant in the household. If two non-dependants are married to each other, or are treated as a couple, only one deduction will be made for them. The amount of the deduction is based on their joint income.

Where the person claiming (or their partner) is over 65

Where a claimant or their partner is 65 or over and a non-dependant moves in, no deduction will be made for the first 26 weeks.

If the personal circumstances of a non-dependant who is already in the household changes and results in an increase in the deduction, the increase will not take place for the first 26 weeks.

In both scenarios the appropriate deduction will be made in the 27th week.

Where the change results in a decrease in the level of deduction this will take place from the date the new circumstances were effective provided we are told within one calendar month of the date of change. If this time limit is not met the reduced deduction will apply from the Monday following the date we were told of the change.