Non Dependants

What is a non-dependant?

A non-dependant is someone who lives with you on a permanent basis and is not dependent on you financially. Non-dependants are people such as adult sons or daughters, other relatives or friends.

Some people do not count as non-dependants. These include:

• sub tenants and boarders who rent a room from you on a commercial basis
• foster children
• children that you get Child Benefit for
• joint tenants or joint owners
• people visiting you who normally live elsewhere
• carers employed by a charity that charges you for the service
• your landlord or landlady if they live in the same property as you

What effect do non-dependants have on my Housing Benefit and Council Tax benefit?

If you have a non-dependant living with you it may affect the amount of Housing Benefit and / or Council Tax benefit that you get. The law says that we must take a set amount from your Housing Benefit and / or Council Tax benefit for each non-dependant who lives with you.

Non-dependants are expected to pay towards household costs, and some of what they pay will be towards the rent or council tax. A deduction is made from your Housing Benefit and / or Council Tax benefit because of this, even if the non-dependant doesn't actually give you any money.

A deduction is made for each non-dependant in the home. If your non-dependants are a couple, only one deduction is made for the couple, rather than one for each person.

Can a non-dependant claim Housing Benefit themselves?

No, non-dependants cannot claim Housing Benefit for any payments they make for their keep.

Does the money paid by non-dependants for their keep, count as income in my claim?

No. This money is not treated as your income; instead we make a fixed deduction from your Housing Benefit and / or Council Tax benefit.

Are these deductions related to the amount that a non-dependant pays for their keep?

No. These deductions are fixed sums laid down in law and based on the non-dependant's weekly income.

What if the non-dependant pays nothing for their keep?

The law says that the deduction must still be made from your Housing Benefit and / or Council Tax benefit.

Customers over the age of 65 with non-dependants

There is a 26 week "grace" period for customers aged 65 or over. This means, for example, that if a non-dependant moves in with you, or a non-dependant already living with you starts to earn more money, no change will be made to your claim for 26 weeks. But please tell us as soon as the change happens.

Are there any cases in which no deduction is made?

Yes. No deduction will be made for any non-dependant if you or your partner are:

• registered blind or have regained your sight in the last 28 weeks
• getting the Care element of Disability Living Allowance
• getting Attendance Allowance (or any benefit that is treated as Attendance Allowance)

Also, no deductions are made where the non-dependant :

• is under 18
• normally lives somewhere else
• is in prison or similar detention
• has been in hospital for 52 weeks or more
• is a youth trainee
• is a full-time student (For Housing Benefit only, deductions will be made during the summer vacation if your non-dependant works over 16 hours a week and you are under 65 years old)
• for Council Tax benefit only, no deduction is made for any non-dependant who is also a "disregarded person" for Council Tax purposes

What are the levels of deduction?

If the non-dependant is on one of the benefits shown below, the following deductions apply.

Type of Benefit	Housing Benefit Deduction	Council Tax Benefit Deduction
Pension Credit
Savings or Guarantee element	£0.00	£0.00
Income Support
Aged 25+	£9.40	£0.00
Aged under 25	£0.00	£0.00
Jobseekers Allowance
Contribution based (any age)	£9.40	£2.85
Income based, aged 25+	£9.40	£0.00
Income based, aged under 25	£0.00	£0.00
Employment & Support Allowance
Contribution based, any age	£9.40	£2.85
Income related, aged 25+	£9.40	£0.00
Income related, main phase, aged under 25	£9.40	£0.00
Income related, assessment phase, aged under 25	£0.00	£0.00

If the non-dependant works for 16 hours or more per week, the following deductions apply. The income levels shown are for gross pay (which means before any deductions for tax, National Insurance etc), plus any other income that they have such as Tax Credits etc.

Gross Income	Housing Benefit Deduction	Council Tax Benefit Deduction
£387 or more per week	£60.60	£8.60
£310 to £386.99 per week	£55.20	£7.20
£234 to £309.99 per week	£48.45	£5.70
£180 to £233.99 per week	£29.60	£5.70
£122 to £179.99 per week	£21.55	£2.85
Under £122 per week	£9.40	£2.85

In all other cases (such as non-dependants who work less than 16 hours and non-dependants who are not otherwise listed above), the charge is as follows:

Housing Benefit Deduction	Council Tax Benefit Deduction
£9.40	£2.85

If you are a council tenant, the non-dependant deductions are slightly higher. This is because council tenants are only charged rent over 50 weeks of the year. Please ask the Benefits Team for more details.

If you are having problems paying your rent or Council Tax due to a high non dependant deduction, you may be able to get a Discretionary Housing Payment.

If you would like any more information, please contact the Benefits Team.