Non-dependant rules

Non Dependant Rules: Explained

If you share your home with someone who is not your partner or a dependent child your entitlement can be reduced through rules on non-dependant deductions.

If you share your property with joint tenants e.g. a flat share they are not classed as non-dependants.

Who counts as a non-dependant

A non-dependant is a person who:

  • resides with you; and
  • is over 16 (a deduction is taken when the non-dependant is 18 or over); and
  • is not your partner or dependent child; and
  • is not liable for paying the rent (or council tax for Council Tax Support)

Non-dependants are often people like grown-up sons or daughters and elderly relatives.

If someone pays rent to you as a sub-tenant you should declare it by saying 'yes' to the question on sub-tenants on the 'net income' page. People who pay rent to you as a sub-tenant do not count as non-dependants.

Amount of non-dependant deduction

The rate of non-dependant deduction depends on whether the non-dependant is a student or claims benefits (and which one), or works more than 16 hours a week and, if so, their gross income.

  • if the non-dependant is aged under 18 then no deduction applies
  • If the non-dependant is out of work and on benefits you should select one of the first three categories on the Non-dependants page of the calculator, depending on which benefit is received
  • if the non-dependant works less then 16 hours then you should select the third category
  • if the non-dependant works more than 16 hours then you should select the appropriate band for their gross income. For non-dependant deductions gross income includes the gross (before tax and National Insurance) amount the non-dependant earns each week, plus any other income including tax credits and benefit income (except income from Attendance Allowance, Disability Living Allowance or Personal Independance Payment).

Amount of deduction for non-dependant couples

If you have a non-dependant couple living with you only one deduction is made for them so they should be treated as 1 non-dependant.

The appropriate deduction will be the highest that applies. For example, if one member of the couple is on benefits and the other is earning £400 per week, the deduction for a non-dependant earning £400 per week would be higher so this is the category that applies and should be entered on the non-dependants page of the calculator.

If both members of a non-dependant couple work 16 or more hours then you should add together their incomes to see which income-band their joint income falls within and select this on the non-dependants page of the calculator.

Exemptions from non-dependant deductions

No deduction due to your circumstances

If you or your partner are registered blind or claiming Disability Living Allowance care component, Personal Independance Payment daily living component or Attendance Allowance then non-dependant deductions will not be taken from your benefits. The calculator automatically recognises these cases. If you are claiming Pension Credit, non-dependant deductions will only apply if you receive help with housing costs such as a mortgage or home purchase loan.

No deduction due to your non-dependant's circumstances

There is no deduction for some non-dependants, the rules depend on the benefit you are claiming.

In Housing Benefit no deductions will be made if the non-dependant:

  • is under 18 years old
  • is in receipt of Pension Credit (savings credit cases as well as guarantee credit)
  • is under 25 and receives Income Support, income-based Jobseeker's Allowance, income-related Employment and Support Allowance (assessment phase) or Universal Credit with no earned income
  • is in receipt of a training allowance or a YTS scheme
  • has been a patient in hospital for 52 weeks or more
  • is a full-time student (but deductions may be made during the summer vacation if the student does any paid work in this period)
  • is a prisoner

In Council Tax Support the rules for when deductions don't apply will vary as local Councils have had to adopt their own schemes with their own rules. This calculator covers about 95% of Council Tax Support schemes but you should refer to your local Council's scheme to confirm what deductions apply and when. Some Councils also have a scheme called second adult rebate which you may qualify for if you share your home with someone who is not your partner, you should ask them for details.

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