The Income Support (General) Regulations 1987

Regulations 17(e) and 18(f)

SCHEDULE 3 E+W+S HOUSING COSTS

Eligible Housing Costs E+W+S

1.  Subject to the following provisions of this Schedule, the amounts which may be applicable to a person in respect of mortgage interest payments or other prescribed housing costs under [F1 regulation 17(1)(e) or 18(1)(f)] (applicable amounts) are—

(a) mortgage interest payments;

[F2 (aa) interest payments under a hire purchase agreement to buy the dwelling occupied as a home;]

(b) interest on loans for repairs and improvements to the dwelling occupied as the home;

[F3 (c) payments by way of rent or ground rent relating to a long tenancy and, in Scotland, payments by way of feu duty,]

(d) payments under a co-ownership scheme;

(e) payments under or relating to a tenancy or licence of a Crown tenant;

(f) service charges;

(g) where the dwelling occupied as the home is a tent, payments in respect of the tent and the site on which it stands;

(h) payments analogous to those mentioned in this paragraph.

Textual Amendments

F1 Words in Sch. 3 para. 1 substituted (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 20(a)

F2 Sch. 3 para. 1(aa) inserted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 18(a)

F3 Sch. 3 para. 1(c) substituted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 30(a)

Commencement Information

I1 Sch. 3 para. 1 in force at 11.4.1988, see reg. 1

Basic condition of entitlement to housing costs E+W+S

2.  Subject to the following provisions of this Schedule, the housing costs referred to in paragraph 1 shall be met where the claimant, or if he is one of a family, he or any member of his family is treated as responsible for the expenditure to which that cost relates in respect of the dwelling occupied as the home which he or any member of his family is treated as occupying.

Commencement Information

I2 Sch. 3 para. 2 in force at 11.4.1988, see reg. 1

Circumstances in which a person is treated as responsible for housing costs E+W+S

3.—(1) A person is to be treated as responsible for the expenditure which relates to housing costs where—

(a) he or his partner is liable to meet those costs other than to a member of the same household;

(b) because the person liable to meet those costs is not doing so, he has to meet those costs in order to continue to live in the dwelling occupied as the home and either he was formerly the partner of the person liable, or he is some other person whom it is reasonable to treat as liable to meet the cost;

(c) he in practice shares those costs with other members of his household, other than close relatives of his or his partner, at least one of whom either is responsible under the preceding provisions of this paragraph or has an equivalent responsibility for housing benefit expenditure and for which it is reasonable in the circumstances to treat him as sharing responsibility.

(2) Where any one or more, but not all, members of the claimant's family are affected by a trade dispute, the housing costs shall be treated as those of those members of the family not so affected.

Commencement Information

I3 Sch. 3 para. 3 in force at 11.4.1988, see reg. 1

Circumstances in which a person is or is not to be treated as occupying a dwelling as his home E+W+S

4.—(1) Subject to the following provisions of this paragraph, a person shall be treated as occupying as his home the dwelling normally occupied as his home by himself or, if he is a member of a family, by himself and his family and he shall not be treated as occupying any other dwelling as his home.

(2) In determining whether a dwelling is the dwelling normally occupied as the claimant's home for the purposes of sub-paragraph (1) regard shall be had to any other dwelling occupied by the claimant or by him and his family whether or not that dwelling is in Great Britain.

(3) Subject to sub-paragraph (4) where a single claimant or a lone parent is a student or is on a training course and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or his training course or, as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

(4) A full-time student shall not be treated as occupying a dwelling as his home for any week of absence from it, other than an absence occasioned by the need to enter hospital for treatment, outside the period of study, if the main purpose of his occupation during the period of study would be to facilitate attendance on his course.

(5) Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home and he is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case analogous payments) in respect of either (but not both) the dwelling normally occupied or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

(6) Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only—

(a) where he has left and remains absent from the former dwelling occupied as the home through fear of violence in that dwelling or by a former member of his family and it is reasonable that housing costs should be met in respect of both his former dwelling and his present dwelling occupied as the home; or

(b) in the case of a couple or a member of a polygamous marriage where a partner is a student or is on a training course and it is unavoidable that he or they should occupy two separate dwellings and reasonable that housing costs should be met in respect of both dwellings;

(c) in the case where a person has moved into a new dwelling occupied as the home, except where sub-paragraph (5) applies, for a period not exceeding four benefit weeks if his liability to make payments in respect of two dwellings is unavoidable.

(7) Where a person—

(a) has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and

(b) had claimed income support before moving in and either that claim has not yet been determined or it has been determined but an amount has not been included under this Schedule and if the claim has been refused a further claim has been made within four weeks of the date on which the claimant moved into the new dwelling occupied as the home; and

(c) the delay in moving into the dwelling in respect of which there was liability to make payments before moving in was reasonable and—

(i) that delay was necessary in order to adapt the dwelling to meet the disablement needs of the claimant or any member of his family; or

(ii) the move was delayed pending the outcome of an application under Part III of the Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling and either a member of the claimant's family is aged five or under or the claimant's applicable amount includes a premium under [F4 paragraph 9, 9A,] 10, 11, 13 or 14 of Schedule 2; or

(iii) the person became liable to make payments in respect of the dwelling while he was a patient or in residential accommodation, he shall be treated as occupying the dwelling as his home for any period not exceeding four weeks immediately prior to the date on which he moved into the dwelling and in respect of which he was liable to make payments.

(8) A person shall be treated as occupying a dwelling as his home for a period not exceeding 52 weeks while he is temporarily absent therefrom only if—

(a) he intends to return to occupy the dwelling as his home; and

(b) the part of the dwelling normally occupied by him has not been let or, as the case may be, sub-let; and

(c) the period of absence is unlikely to exceed 52 weeks, or, in exceptional circumstances, (for example where the person is in hospital or otherwise has no control over the length of his absence) is unlikely substantially to exceed that period.

(9) In this paragraph—

(a) “patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution;

(b) “residential accommodation” means accommodation—

(i) provided under sections 21 to 24 and 26 of the National Assistance Act 1948 F5 (provision of accommodation); or

(ii) section 21(1) of, and paragraph 1 or 2 of Schedule 8 to, the National Health Service Act 1977 F6 (prevention, care and after-care) [F7 where board is available to the claimant]; or

(iii) provided under section 59 of the Social Work (Scotland) Act 1968 F8 (provision of residential and other establishments) where board is available to the claimant; or

(iv) which is a residential care home within the meaning of that expression in regulation 19(3) (persons in residential care or nursing homes) other than sub-paragraph (b) of that definition; or

(v) which is a nursing home;

(c) “training course” means such a course as is referred to in sub-paragraph (c) of the definition of training allowance in regulation 2(1) (interpretation).

Textual Amendments

F4 Words in Sch. 3 para. 4(7)(c)(ii) substituted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 6(a)(i)

F5 1948, c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23 paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4 paragraph 44 and Schedule 5; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the National Health Service Act 1977 (c. 49), Schedule 15 paragraph 5; the Health Services Act 1980 (c. 53), Schedule 1 Part I paragraph 5. Section 22 was amended by the Social Work (Scotland) Act 1968 (c. 49), section 87(4) and Schedule 9 Part I; the Supplementary Benefits Act 1976 (c. 71) Schedule 7 paragraph 3; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Social Security Act 1980 (c. 30), section 20, Schedule 4 paragraph 2(1) and Schedule 5 Part II and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1) (a). Section 24 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(1); the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6 paragraph 82; the Local Government Act 1972 (c. 70), Schedule 23 paragraph 2; the National Health Service Reorganisation Act 1972 (c,32), Schedule 4 paragraph 45 and the Housing (Homeless Persons) Act 1977 (c. 48), Schedule. Section 26 was amended by the Health Services and Public Health Act 1968 (c. 46), section 44 and Schedule 4 and the Social Work (Scotland) Act 1968 (c. 49) Schedule 9 Part I and applied by section 87(3); the Local Government Act 1972 (c. 70), Schedule 23 paragraph 2; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20 (1) (b).

F6 1977 c. 49.

F7 Words in Sch. 3 para. 4(9)(b)(ii) inserted (with effect in accordance with reg. 1(1)(a) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), regs. 1(1), 6(a)(ii)

F8 1968 c. 49.

Commencement Information

I4 Sch. 3 para. 4 in force at 11.4.1988, see reg. 1

Circumstances in which no amount of housing costs may be met E+W+S

5.  No amount may be met under the provisions of this Schedule—

(a) in respect of housing benefit expenditure; or

(b) where the claimant is in accommodation to which [F9 regulation 19 (applicable amounts for persons in residential care and nursing homes) applies], unless his absence from the dwelling occupied as his home in such accommodation is only temporary within the meaning of paragraph 4(8).

Textual Amendments

F9 Words in Sch. 3 para. 5(b) substituted (with effect in accordance with reg. 1(1)(c) of the amending S.I.) by The Income Support (General) Amendment Regulations 1989 (S.I. 1989/534), reg. 1(1), Sch. 1 para. 10(a)

Commencement Information

I5 Sch. 3 para. 5 in force at 11.4.1988, see reg. 1

Apportionment of housing costs E+W+S

6.— [F10 (1) [F11 Where the dwelling occupied as the home is a composite hereditament and—]

(a) before 1st April 1990 for the purposes of section 48(5) of the General Rate Act 1967 (reduction of rates on dwellings), it appeared to a rating authority or it was determined in pursuance of sub-section (6) of that section 48 that the hereditament including the dwelling occupied as the home was a mixed hereditament and that only a proportion of the rateable value of the hereditament was attributable to use for the purpose of a private dwelling; or

(b) in Scotland, before 1st April 1989 an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 1980 (provision as to valuation roll) has apportioned the net annual value of the premises including the dwelling occupied as the home between the part occupied as a dwelling and the remainder,

the amounts applicable under this Schedule shall be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private tenancy or, in Scotland, the proportion of the net annual value of the premises apportioned to the part occupied as a dwelling house.]

[F12 (1A) Subject to sub-paragraph (1) and the following provisions of this paragraph, where the dwelling occupied as the home is a composite hereditament, the amount applicable under this Schedule shall be the relevant fraction of the amount which would otherwise be applicable under this Schedule in respect of the dwelling occupied as the home.]

[F13 (1B) For the purposes of sub-paragraph (1A), the relevant fraction shall be obtained in accordance with the formula—

Where—

• “A” is the current market value of the claimant’s interest in that part of the composite hereditament which is domestic property within the meaning of section 66 of the Act of 1988;

• “B” is the current market value of the claimant’s interest in that part of the composite hereditament which is not domestic property within that section. ]

[F14 (1C) In this paragraph—

• “composite hereditament” means—

  (a)

  as respects England and Wales, any hereditament which is shown as a composite hereditament in a local non-domestic rating list;

  (b)

  as respects Scotland, any lands and heritages entered in the valuation roll which are part residential subjects within the meaning of section 26(1) of the Act of 1987;

• “local non-domestic rating list” means a list compiled and maintained under section 41(1) of the Act of 1988;

• “the Act of 1987” means the Abolition of Domestic Rates Etc. (Scotland) Act 1987;

• “the Act of 1988” means the Local Government Finance Act 1988.]

(2) Where responsibility for expenditure which relates to housing costs met under this Schedule is shared, the amounts applicable shall be calculated by reference to the appropriate proportion of that expenditure for which the claimant is responsible.

Textual Amendments

F10 Sch. 3 para. 6(1) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 18(a)

F11 Words in Sch. 3 para. 6(1) substituted for word (8.4.1991) by The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(b), 12(a) (with reg. 1(2))

F12 Sch. 3 para. 6(1A) inserted (8.4.1991) by The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(b), 12(b) (with reg. 1(2))

F13 Sch. 3 para. 6(1B) inserted (8.4.1991) by The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(b), 12(b) (with reg. 1(2))

F14 Sch. 3 para. 6(1C) inserted (8.4.1991) by The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(b), 12(b) (with reg. 1(2))

Modifications etc. (not altering text)

C1 Sum in Sch. 3 para. 6(1B) confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 1991 (S.I. 1991/2910), art. 13(12), Sch. 7

Commencement Information

I6 Sch. 3 para. 6 in force at 11.4.1988, see reg. 1

Interest on loans to acquire an interest in the dwelling occupied as the home E+W+S

7.—(1) Subject to [F15 the following sub-paragraphs of this paragraph], the following amounts shall be met under this paragraph—

(a) if the claimant or, if he is a member of a couple, or if a member of a polygamous marriage, he or any partner of his is aged 60 or over, 100 per cent of the eligible interest in his case;

(b) [F16 except where sub-paragraph (1)(a) applies,] if the claimant or, if he is a member of a couple, or if a member of a polygamous marriage, he and any partner of his are aged under 60—

(i) where the claimant has been in receipt of income support in respect of a continuous period of not less than 16 weeks, 100 per cent of the eligible interest in his case;

(ii) in any other case, 50 per cent of the eligible interest in that case.

(2) Where in a case to which sub-paragraph (1)(b)(ii) applies—

(a) either—

(i) the claim for income support is refused; or

(ii) an award of income support is terminated on appeal or review, solely because the claimant's income exceeds his applicable amount by virtue of the fact that only 50 per cent of the eligible interest in his case is to be met under sub-paragraph (1)(b)(ii); and

(b) the claimant or any partner of his makes a further claim no later than 20 weeks after—

(i) where the original claim for income support was refused, the date of that claim; or

(ii) where an award of income support was terminated on appeal or review, the date of the claim in respect of which that award was made,

the amount to be met under this paragraph commencing on a date not before the expiry of 16 weeks from the date specified in (i) or (ii) above, as the case may be, shall be 100 per cent of the eligible interest in that case and until that date shall be the amount specified in sub-paragraph (1)(b)(ii).

(3) Subject to sub-paragraphs [F17 (3A) to (6)], in this paragraph “eligible interest” means the amount of interest on a loan, whether or not secured by way of a mortgage or, in Scotland, under a heritable security, taken out to defray money applied for the purpose of—

(a) acquiring an interest in the dwelling occupied as the home; or

(b) paying off another loan but only to the extent that interest on that other loan would have been eligible interest had the loan not been paid off.

[F18 (3A) For the purpose of this paragraph any reference to a loan includes a reference to payments specified in paragraph 1(aa).]

[F19 (4) Subject to sub-paragraph (3A), the following provisions of this paragraph, and paragraph 6, the weekly amount of eligible interest shall be the amount calculated by the formula–

where–

A

=

the gross annual interest calculated by the formula C × D;

B

=

the difference between 100% and the basic rate (expressed as a percentage) of income tax within the meaning of section 832(1) of the Income and Corporation Taxes Act 1988for the year of assessment in which the payment of interest becomes due;

C

=

the amount of the loan which from time to time is outstanding and in respect of which eligible interest is payable; and

D

=

the rate of interest chargeable on that loan or any part thereof expressed as a percentage.

(4A) Where section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) does not apply to the interest on a loan or to part of a loan, sub-paragraph (4) shall apply in respect of that loan or part as if it contained no reference to factor B.

(4B) Where the eligible interest is charged at more than one rate, the amount of that interest shall be calculated by making a separate calculation under sub-paragraph (4) in respect of each of those rates of interest and aggregating the results.

(4C) Where evidence supplied by the lender shows that the eligible interest charged is different from that calculated under sub-paragraph (4), the weekly amount of eligible interest shall be calculated by reference to the interest charged.]

(5) Where a loan is applied only in part for the purpose specified in [F20 sub-paragraphs (3) and (3A)], only such proportion of the interest thereon as is equal to the proportion of the loan applied for that purpose shall qualify as eligible interest.

(6) Where, under the terms of a loan taken out for a purpose specified in [F21 sub-paragraphs (3) and (3A)], interest is payable on accumulated arrears of interest (whether or not those arrears have been consolidated with the outstanding capital), the amount of such interest shall be met under this paragraph as if it were eligible interest but only in so far as it represents interest on arrears incurred during any period—

(a) when sub-paragraph (1)(b)(ii) applied in that case; or

(b) when the claimant was not entitled to income support which fell within the period of 20 weeks specified in sub-paragraph (2)(b), [F22 or

(c) where, under the terms or conditions on which a loan has been made, for an initial period of at least 2 years the whole or part of the interest on that loan is not, or has not been, payable;

and, where either head (a) or (b) applies only to the extent that the arrears do not exceed 50 per cent of the eligible interest that otherwise would have been payable during the period in question and where head (c) applies only to the extent that interest is deferred and accrues further interest under the terms or conditions on which the loan is made.]

[F23 (6A) For the purposes of sub-paragraph (6), in determining whether interest is, or is not, payable regard shall not be had to any obligation to pay interest which, under the terms or conditions on which a loan has been granted, is deferred for an initial period of at least 2 years.]

(7) Where a person who was formerly one of a couple or a polygamous marriage—

(a) has taken out, either solely or jointly with his former partner, a loan secured on the dwelling occupied as the home for a purpose other than one specified in [F24 sub-paragraphs (3) and (3A)]; and

(b) has left the dwelling occupied as the home and either cannot or will not pay the interest on the loan,

and, if that person's former partner has to pay the interest on the loan in order to continue to live in the dwelling occupied as the home, there shall be met in respect of the former partner under this paragraph the amount of interest on the loan calculated as if it were a loan taken out for a purpose specified in [F24 sub-paragraphs (3) and (3A)].

(8) Where an amount is met under this paragraph, if, notwithstanding that the amount of interest payable is reduced by virtue of—

(a) a reduction in interest rates; or

(b) a reduction in the amount of loan capital outstanding,

the amount of instalments which the borrower is liable to pay remains constant, the amount met shall not be adjusted to take account of the new amount of interest payable except where a determination is subsequently reviewed under section 104(1)(b) of the Social Security Act F25 (review of decisions).

(9) [F26 Subject to sub-paragraphs (10) and (11),] for the purpose of sub-paragraph (1)—

(a) a person shall be treated as being in receipt of income support during the following periods—

(i) any period in respect of which it was subsequently held, on appeal or review, that he was so entitled; and

(ii) any period of eight weeks or less in respect of which he was not in receipt of income support and which fell immediately between periods in respect of which he was in receipt thereof or to which (i) above applies;

(b) a person shall be treated as not being in receipt of income support during any period other than a period to which (a)(ii) above applies in respect of which it is subsequently held on appeal or review that he was not so entitled;

(c) where the claimant—

(i) was a member of a couple or a polygamous marriage; and

(ii) his partner was, in respect of a past period, in receipt of income support for himself and the claimant; and

(iii) the claimant is no longer a member of that couple or polygamous marriage; and

(iv) the claimant made his claim for income support within eight weeks of ceasing to be a member of that couple or polygamous marriage,

he shall be treated as having been in receipt of income support for the same period as his former partner had been or had been treated, for the purposes of sub-paragraph (1), as having been;

(d) where the claimant's partner's applicable amount was determined in accordance with paragraph 1(1) (single claimants) or paragraph 1(2) (lone parent) of Schedule 2 (applicable amounts) in respect of a past period, provided that the claim was made within eight weeks of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of sub-paragraph (1), as having been;

(e) where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period in receipt of income support for himself and the claimant, and the claimant has become in receipt as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of sub-paragraph (1), as having been.

[F27 (f) where—

(i) the claimant was a member of a family of a person (not being a former partner) entitled to income support and at least one other member of that family was a child or young person; and

(ii) the claimant becomes a member of another family which includes that child or young person; and

(iii) the claimant made his claim for income support within 8 weeks of the date on which the person entitled to income support mentioned in (i) above ceased to be so entitled,

the claimant shall be treated as being in receipt of income support for the same period as that person had been or had been treated, for the purposes of sub-paragraph (1), as having been.]

[F28 (10) Where–

(a) a claimant has ceased to be in receipt of income support because he or his partner becomes engaged in remunerative work; and

(b) immediately before ceasing to be so in receipt an amount under sub-paragraph (1)(b)(i) was applicable to him,

sub-paragraph (9)(a)(ii) shall apply to him as if for the words “any period of eight weeks or less” there were substituted the words “any period not exceeding the permitted period determined in accordance with regulation 3A (permitted period)”.]

[F28 (11) For the purposes of sub-paragraph (1)(b)(i), where–

(a) a claimant has ceased to be entitled to income support because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section; and

(b) immediately before so ceasing an amount under that sub-paragraph was applicable to him,

he shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in such arrangements or attending such a course.]

Textual Amendments

F15 Words in Sch. 3 para. 7(1) substituted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 7(a)(i)

F16 Words in Sch. 3 para. 7(1)(b) inserted (11.4.1988) by The Income Support (General) Amendment Regulations 1988 (S.I. 1988/663), regs. 1(1), 30(b)

F17 Words in Sch. 3 para. 7(3) substituted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 18(b)

F18 Sch. 3 para. 7(3A) inserted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 18(c)

F19 Sch. 3 para. 7(4)-(4C) substituted for Sch. 3 para. 7(4) (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 9(a)(i) (with reg. 1(2))

F20 Words in Sch. 3 para. 7(5) substituted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 18(e)

F21 Words in Sch. 3 para. 7(6) substituted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 18(e)

F22 Words in Sch. 3 para. 7(6) substituted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 9(a)(ii) (with reg. 1(2))

F23 Sch. 3 para. 7(6A) added (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 9(a)(iii) (with reg. 1(2))

F24 Words in Sch. 3 para. 7(7) substituted (12.12.1988) by The Income Support (General) Amendment No. 5 Regulations 1988 (S.I. 1988/2022), regs. 1(1)(a), 18(e)

F25 Section 104 is applied by section 52(3) of the Social Security Act 1986 (c. 50); sub-section (1) was substituted by section 52 of, and paragraph 10 of Schedule 5 to, the Social Security Act 1986.

F26 Words in Sch. 3 para. 7(9) inserted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 7(a)(ii)

F27 Sch. 3 para. 7(9)(f) added (12.9.1988) by The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), regs. 1(1)(b), 20(b)

F28 Sch. 3 para. 7(10)(11) inserted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 7(a)(iii)

Modifications etc. (not altering text)

C2 Sums in Sch. 3 paras. 7(1)(a), 7(1)(b)(i)(ii), 7(2), 7(2)(a), 7(4) & 7(6) confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating (No. 2) Order 1991 (S.I. 1991/2910), art. 13(12), Sch. 7

Commencement Information

I7 Sch. 3 para. 7 in force at 11.4.1988, see reg. 1

Interest on loans for repairs and improvements to the dwelling occupied as the home E+W+S

8.—(1) F29 ... There shall be met under this paragraph an amount in respect of interest payable on a loan which is taken out, with or without security, for the purpose of—

(a) carrying out repairs or improvements to the dwelling occupied as the home; or

(b) paying off another loan but only to the extent that interest on that other loan would have been met under this paragraph had the loan not been paid off,

and which is used for that purpose or is to be so used within six months of the date of receipt or such further period as is reasonable, and the amount to be met under this paragraph shall be calculated as if the loan were a loan to which paragraph 7 applied.

F30 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this paragraph “repairs and improvements” means major repairs necessary to maintain the fabric of the dwelling occupied as the home and any of the following measures undertaken with a view to improving its fitness for occupation—

(a) installation of a fixed bath, shower, wash basin, sink or lavatory and necessary associated plumbing;

(b) damp proofing measures;

(c) provision or improvement of ventilation and natural lighting;

(d) provision of electric lighting and sockets;

(e) provision or improvement of drainage facilities;

(f) improvement in the structural condition of the dwelling occupied as the home;

(g) improvements to the facilities for storing, preparing and cooking food;

(h) provision of heating, including central heating;

(i) provision of storage facilities for fuel and refuse;

(j) improvements to the insulation of the dwelling occupied as the home;

(k) other improvements which are reasonable in the circumstances.

F31 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Words in Sch. 3 para. 8(1) omitted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(b)(i)

F30 Sch. 3 para. 8(2) omitted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(b)(ii)

F31 Sch. 3 para. 8(4) omitted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(b)(ii)

Commencement Information

I8 Sch. 3 para. 8 in force at 11.4.1988, see reg. 1

Other housing costs E+W+S

9.—(1) Subject to sub-paragraph (5), there shall be met under this paragraph the amounts, calculated on a weekly basis, in respect of the housing costs specified in paragraph 1(c) to (h) subject to the deductions specified in sub-paragraph (2).

(2) Subject to sub-paragraph (3), the deductions to be made from the weekly amounts to be met under this paragraph are—

(a) where the costs are inclusive of any of the items mentioned in paragraph 5(2) to Schedule 1 of the Housing Benefit (General) Regulations 1987 F32 (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount;

(b) where the costs are inclusive of ineligible service charges within the meaning of paragraph 1 to Schedule 1 of the Housing Benefit (General) Regulations 1987 (ineligible service charges) the amounts attributable to those ineligible service charges or where that amount is not separated from or separately identified within the housing costs to be met under this paragraph, such part of the payments made in respect of those housing costs which are fairly attributable to the provision of those ineligible services having regard to the costs of comparable services.

[F33 (c) where the costs are inclusive of any amount in respect of repairs or improvements within the meaning of paragraph 8(3), any amount attributable to those repairs and improvements.]

(3) Where arrangements are made for the housing costs mentioned in paragraph 1(c) to (g), payable for a year, to be paid for 53 weeks, or irregularly, or so that no such costs are payable for or collected in certain periods, or so that the costs for different periods in the year are of different amounts, the weekly amount shall be the amount payable for the year divided by 52.

(4) Where as compensation for work carried out by way of reasonable repairs or redecoration which are not normally the responsibility of the claimant or other member of his family, payment of the costs mentioned in paragraph 1(c) to (g) are waived, they shall, for a period not exceeding eight weeks, be treated as payable.

[F34 (5) Where in England and Wales an amount calculated on a weekly basis in respect of housing costs specified in paragraph 1(e) (Crown tenants) includes water charges, that amount shall be reduced—

(a) where the amount payable in respect of water charges is known, by that amount;

(b) in any other case, by the amount which would be the likely weekly charge had the property not been occupied by a Crown tenant.]

Textual Amendments

F32 S.I. 1987/1971.

F33 Sch. 3 para. 9(2)(c) inserted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 9(b) (with reg. 1(2))

F34 Sch. 3 para. 9(5) substituted for Sch. 3 para. 9(5)(6) (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 18(c)

Commencement Information

I9 Sch. 3 para. 9 in force at 11.4.1988, see reg. 1

Restriction on meeting housing costs under this Schedule E+W+S

10.—(1) Subject to sub-paragraph (2), where—

(a) the dwelling occupied as the home is occupied with security of tenure, that is to say—

(i) under a protected or statutory tenancy for the purposes of the Rent Act 1977 F35 or the Rent (Scotland) Act 1984 F36 , excluding any case in which the tenant has been given a notice to which any Case in Part II of Schedule 15 to the Act of 1977 or, as the case may be, Part II of Schedule 2 to the Act of 1984 (cases in which Court must order possession where dwelling-house subject to regulated tenancy) applies;

(ii) under a secure tenancy for the purposes of Chapter II of Part I of the Housing Act 1980 F37 or Part II of the Tenants' Rights Etc (Scotland) Act 1980 F38 (security of tenure of public sector tenants);

(iii) where the tenant is a protected occupier or statutory tenant for the purposes of the Rent (Agriculture) Act 1976 F39 ; F40 ...

(iv) under a crofting tenancy for the purposes of the Crofters (Scotland) Acts 1955 and 1961 F41 ;

[F42 (v) under an assured tenancy for the purposes of section 1 of the Housing Act 1988 or section 12 of the Housing (Scotland) Act 1988; or]

[F42 (vi) under an assured agricultural occupancy for the purposes of section 24 of the Housing Act 1988;]

(b) the claimant or, if he is a member of a family, any member of the family acquires some other interest in the dwelling occupied as the home; and

(c) in consequence of the acquisition the aggregate of any amounts which would, but for this paragraph, be applicable under paragraphs 7, 8 and 9 exceed the amount of the eligible rent for the purposes of regulation 10 of the Housing Benefit (General) Regulations 1987 (rent) immediately before the acquisition,

the aggregate amount so applicable shall initially be restricted to the amount of the eligible rent immediately before the acquisition and shall be increased subsequently only to the extent that this is necessary to take account of any increase, after the date of the acquisition, in expenditure on any housing costs.

(2) Sub-paragraph (1)—

(a) shall not apply where the claimant or the member of the family became liable to complete the acquisition at a time when income support was not payable in respect of him;

(b) shall cease to apply if its application becomes inappropriate by reason of any major change in the circumstances of the family affecting their ability to meet expenditure on housing costs;

(c) shall cease to apply where income support ceases to be payable in respect of the claimant or his family except that it shall reapply wherever income support again becomes payable within a period of eight weeks or less.

(3) Where the amounts to be met under paragraphs 7 to 9 and, subject to any deduction applicable under paragraph 11 are excessive, they shall be subject to restriction in accordance with sub-paragraphs (4) [F43 to (6A).]

(4) F44 ... The amounts to be met shall be regarded as excessive [F45 where—]

(a) the dwelling occupied as the home, excluding any part which is let F46 ..., is larger than is required by the claimant and his family and any child or young person to whom regulation 16(4) applies (foster children) and any other non-dependants having regard, in particular, to suitable alternative accommodation occupied by a household of the same size; or

(b) the immediate area in which the dwelling occupied as the home is located is more expensive than other areas in which suitable alternative accommodation exists; or

(c) the outgoings of the dwelling occupied as the home in respect of which the amounts to be met under paragraphs 7 to 10 are higher than the outgoings of suitable alternative accommodation in the area

[F47 but for the purposes of this sub-paragraph no regard shall be had to the capital value of the dwelling occupied as the home.]

(5) Where, having regard to the relevant factors, it is not reasonable to expect the claimant and his family to seek alternative cheaper accommodation no restrictions shall be made [F48 under sub-paragraph (3)].

(6) Where sub-paragraph (5) does not apply and the claimant (or other member of the family) was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction shall be made under this paragraph during the first six months of any period of entitlement to income support nor during the next six months if and so long as the claimant uses his best endeavours to obtain cheaper accommodation [F49 or, as the case may be, no restriction shall be made under this paragraph on review during the six months from the date of the review nor during the next six months if and so long as the claimant so uses his best endeavours.]

[F50 (6A) Where sub-paragraph (4) applies the amounts to be met shall be restricted and the excess over the amounts which the claimant would need to obtain suitable alternative accommodation shall not be allowed.]

(7) [F51 In sub-paragraph (5)] “the relevant factors” are—

(a) the availability of suitable accommodation and the level of housing costs in the area; and

(b) the circumstances of the family including in particular the age and state of health of its members, the employment prospects of the claimant and, where a change in accommodation is likely to result in a change of school, the effect on the education of any child or young person who is a member of his family, or any child or young person who is not treated as part of his family by virtue of regulation 16(4) (foster children).

Textual Amendments

F35 1977 c. 42; Part II of Schedule 15 was amended by the Housing Act 1980 (c. 51) sections 55, 66, 67 and by the Rent (Amendment) Act 1955 (c. 24) section 2.

F36 1984 c. 58.

F37 1980 c. 51.

F38 1980 c. 52.

F39 1976 c. 80.

F40 Word in Sch. 3 para. 10(1)(a)(iii) deleted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(d)(i)

F41 1955 (c. 21), 1961 (c. 58).

F42 Sch. 3 para. 10(1)(a)(v)(vi) added (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(d)(ii)

F43 Words in Sch. 3 para. 10(3) substituted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 9(c)(i) (with reg. 1(2))

F44 Words in Sch. 3 para. 10(4) omitted (1.10.1990) by virtue of The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 9(c)(ii) (with reg. 1(2))

F45 Word in Sch. 3 para. 10(4) substituted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 9(c)(ii) (with reg. 1(2))

F46 Words in Sch. 3 para. 10(4)(a) omitted (10.4.1989) by virtue of The Income Support (General) Amendment No. 4 Regulations 1988 (S.I. 1988/1445), reg. 1(1)(c), Sch. 1 para. 6 (with reg. 28)

F47 Words in Sch. 3 para. 10(4) added (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 9(c)(ii) (with reg. 1(2))

F48 Words in Sch. 3 para. 10(5) substituted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 7(b)(i)

F49 Words in Sch. 3 para. 10(6) inserted (8.4.1991) by The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(b), 12(c) (with reg. 1(2))

F50 Sch. 3 para. 10(6A) inserted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 9(c)(iii) (with reg. 1(2))

F51 Words in Sch. 3 para. 10(7) substituted (9.10.1989) by The Income Support (General) Amendment No. 3 Regulations 1989 (S.I. 1989/1678), regs. 1(1)(a), 7(b)(ii)

Commencement Information

I10 Sch. 3 para. 10 in force at 11.4.1988, see reg. 1

Non-dependant deductions E+W+S

[F52 11.— (1) Subject to the following provisions of this paragraph, the following deductions from the amount to be met under the preceding paragraphs of this Schedule in respect of housing costs shall be made in respect of a non-dependant—

(a) in respect of a non-dependant aged 18 or over who is in remunerative work, [F53 £18.00;]

(b) in respect of a non-dependant aged 18 or over to whom head (a) does not apply, [F54 £4.00]]

[F55 (2) In the case of a non-dependant aged 18 or more to whom sub-paragraph (1)(a) applies because he is in remunerative work, where the claimant satisfies the adjudication officer that the non-dependant’s gross weekly income [F56 is—

(i) less than £65.00, the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph 1(b);

(ii) not less than £65.00 but less than £100.00, the deduction to be made under this paragraph shall be £8.00;

(iii) not less than £100.00 but less than £130.00, the deduction to be made under this paragraph shall be £12.00.]]

(3) Only one deduction shall be made under this paragraph in respect of a couple or, as the case may be, the members of a polygamous marriage, and where a different amount or no amount would, but for this sub-paragraph, fall to be deducted in respect of the members of the couple or polygamous marriage as individuals, the higher deduction shall be made.

(4) In applying the provisions of sub-paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of sub-paragraph (2) to the couple's or, as the case may be, all the members of the polygamous marriage's, joint weekly income.

(5) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the housing costs in respect of the dwelling occupied as the home payable by each of them.

(6) No deduction shall be made in respect of any non-dependants occupying the dwelling occupied as the home of the claimant, if the claimant or any partner of his is—

(a) blind or treated as blind by virtue of paragraph 12 of Schedule 2 (additional condition for the higher pensioner and disability premiums); or

[F57 (b) receiving in respect of himself either—

(i) attendance allowance; or

(ii) the care component of the disability living allowance.]

(7) No deduction shall be made in respect of a non-dependant—

(a) if, although he resides with the claimant, it appears to the adjudication officer that the dwelling occupied as his home is normally elsewhere; or

(b) if he is in receipt of a training allowance paid in connection with a Youth Training Scheme established under section 2 of the Employment and Training Act 1973 F58 [F59 or section 2 of the Enterprise and New Towns (Scotland) Act 1990] F60 ...; or

(c) if he is a full-time student during a period of study [F61 or, if he is not in remunerative work, during a recognised summer vacation appropriate to his course;] F62 ...; or

(d) if he is aged under 25 and in receipt of income supportF63 ...; or

(e) in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under regulation 63 of the Housing Benefit (General) Regulations 1987 [F64 (non-dependant deductions); or]

[F65 (f) to whom, but for paragraph (2C) of regulation 3 (definition of non-dependant), paragraph (2B) of [F66 that regulation would apply; or]]

[F67 (g) if he is not residing with the claimant because he has been a patient for a period in excess of six weeks, or a prisoner, and for these purposes—

(i) “patient” and “prisoner” respectively have the meanings given in regulation 21(3) (special cases), and

(ii) the period of six weeks shall be calculated by reference to paragraph (2) of that regulation as if that paragraph applied in his case;]

[F68 (8) In the case of a non-dependant to whom sub-paragraph (2) applies because he is in remunerative work, there shall be disregarded from his gross income—

[F69 (a) any attendance allowance or disability living allowance received by him;

(b) any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund or the Independent Living Fund which had his income fallen to be calculated under regulation 40 (calculation of income other than earnings) would have been disregarded under paragraph 21 of Schedule 9 (income in kind); and

(c) any payment which had his income fallen to be calculated under regulation 40 would have been disregarded under paragraph 39 of Schedule 9 (payments made under certain trusts and certain other payments).]]

Textual Amendments

F52 Sch. 3 para. 11(1) substituted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(e)(i)

F53 Sum in Sch. 3 para. 11(1)(a) substituted (coming into force in accordance with reg. 1(d) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/50), regs. 1(c), 3(a)(i)

F54 Sum in Sch. 3 para. 11(1)(b) substituted (coming into force in accordance with reg. 1(d) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/50), regs. 1(c), 3(a)(ii)

F55 Sch. 3 para. 11(2) substituted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 9(d)(i) (with reg. 1(2))

F56 Words in Sch. 3 para. 11(2) substituted (coming into force in accordance with reg. 1(d) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/50), regs. 1(c), 3(b)

F57 Sch. 3 para. 11(6)(b) substituted (coming into force in accordance with reg. 1(d) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/50), regs. 1(c), 3(c)

F58 1973 c. 50 as amended by sections 9 and 11 and Schedule 2 Part II paragraph 9 and Schedule 3 of the Employment and Training Act 1971 (c. 57).

F59 Words in Sch. 3 para. 11(7)(b) inserted (1.4.1991) by The Enterprise (Scotland) Consequential Amendments Order 1991 (S.I. 1991/387), arts. 1, 2, Sch.

F60 Words in Sch. 3 para. 11(7)(b) omitted (8.4.1991) by virtue of The Income Support (General) Amendment Regulations 1991 (S.I. 1991/236), regs. 1(1)(b), 12(d) (with reg. 1(2))

F61 Words in Sch. 3 para. 11(7)(c) inserted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), reg. 9(d)(ii) (with reg. 1(2))

F62 Words in Sch. 3 para. 11(7)(c) omitted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(e)(iv)

F63 Words in Sch. 3 para. 11(7)(d) omitted (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by virtue of The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(b), 18(e)(iv)

F64 Words in Sch. 3 para. 11(7)(e) substituted (11.11.1991) by The Income Support (General) Amendment No. 6 Regulations 1991 (S.I. 1991/2334), regs. 1(1), 3(a) (with reg. 1(2))

F65 Sch. 3 para. 11(7)(f) added (11.11.1991) by The Income Support (General) Amendment No. 6 Regulations 1991 (S.I. 1991/2334), regs. 1(1), 3(b) (with reg. 1(2))

F66 Words in Sch. 3 para. 11(7)(f) substituted (coming into force in accordance with reg. 1(d) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/50), regs. 1(c), 3(d)(i)

F67 Sch. 3 para. 11(7)(g) added (coming into force in accordance with reg. 1(d) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/50), regs. 1(c), 3(d)(ii)

F68 Sch. 3 para. 11(8) added (coming into force in accordance with reg. 1(d) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1992 (S.I. 1992/50), regs. 1(c), 3(e)

F69 Words in Sch. 3 para. 11(8) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 3) Regulations 1992 (S.I. 1992/2155), regs. 1(1), 21

Commencement Information

I11 Sch. 3 para. 11 in force at 11.4.1988, see reg. 1

Rounding of fractions E+W+S

12.  Where any calculation made under this Schedule results in a fraction of a penny, that fraction shall be treated as a penny.

Commencement Information

I12 Sch. 3 para. 12 in force at 11.4.1988, see reg. 1