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Housing Benefit non-dependant deductions: exclusive band edges, no remunerative-work test, one deduction per person, no exemptions #2004

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@MaxGhenis

Found in the reviews of #1925 (2026-09-30 and 10-01). Law read on legislation.gov.uk at the 7 April 2025 point in time.

Banding

household_benefits_individual_non_dep_deduction calls p.amount.calc(weekly_income, right=True) on gov.dwp.housing_benefit.non_dep_deduction.amount, and applies the bands to every non-dependant's total_income.

  • Housing Benefit Regulations 2006 (SI 2006/213) reg 74(2) bands run from "not less than" their lower amount. With right=True, income exactly at a lower edge (for example £192.00 a week in 2026-27) falls in the band below, and £0 gets no deduction.
  • The bands apply only to a non-dependant "in remunerative work" (16 hours a week or more, reg 6(1)). Anyone else pays the reg 74(1)(b) amount (£20.40 a week in 2026-27), whatever their income.
  • Reg 74(3)-(4): a couple pays one deduction, the higher, and the bands use the couple's joint income.

SI 2006/214 reg 55 (pension age) is the same.

Exemptions

housing_benefit_individual_non_dep_deduction_eligible checks only age and rent liability.

  • Reg 74(6): no deduction for any non-dependant if the claimant or partner is blind or receives Attendance Allowance, the DLA care component, the PIP daily living component or Armed Forces Independence Payment (and the Scottish equivalents).
  • Reg 74(7), (8) and (10): no deduction for a full-time student, a State Pension Credit recipient, or a non-dependant under 25 on Income Support, income-based JSA, assessment-phase income-related ESA, or Universal Credit calculated on no earned income (and some who are away from home).

Fixing the banding alone would charge exempt zero-income non-dependants. Counterexample: a 40-year-old claimant with £6,000 rent and a zero-income 20-year-old full-time tertiary student goes from HB £6,000 to £4,978.20.

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