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The Income Support (General) Regulations 1987

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This is the original version (as it was originally made).

Definition of non-dependant

3.—(1) In these Regulations, “non-dependant” means any person, except someone to whom paragraph (2) applies, who normally resides with a claimant.

(2) This paragraph applies to—

(a)any member of the claimant’s family;

(b)a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 16 (membership of the same household);

(c)a person who jointly occupies the claimant’s dwelling;

(d)subject to paragraph (3), any person who is liable to make payments in respect of his occupation of the dwelling to the claimant or the claimant’s partner;

(e)a person who lives with the claimant in order to care for him or a partner of his and who is engaged by a charitable or voluntary body (other than a public or local authority) which makes a charge to the claimant or his partner for the services provided by that person.

(3) A person, other than one to whom sub-paragraph (a) to (c) or (e) of paragraph (2) applies, who lives in board and lodging accommodation or a hostel within the meaning of regulation 20(2) (applicable amounts for persons in board and lodging accommodation and hostels)shall be a non-dependant.

(4) For the purposes of this regulation a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area.

(5) In this regulation “communal area” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation.

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