The Income Support (General) Regulations 1987

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Point in time view as at 02/08/1993. This version of this provision has been superseded.

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The Income Support (General) Regulations 1987, Paragraph 10 is up to date with all changes known to be in force on or before 17 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Restriction on meeting housing costs under this ScheduleE+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 F1 or the Rent (Scotland) Act 1984F2, 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 F3 or Part II of the Tenants' Rights Etc (Scotland) Act 1980 F4 (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 1976F5; F6...

(iv)under a crofting tenancy for the purposes of the Crofters (Scotland) Acts 1955 and 1961F7;

[F8(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]

[F8(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) [F9to (6A).]

(4) F10... The amounts to be met shall be regarded as excessive [F11where—]

(a)the dwelling occupied as the home, excluding any part which is let F12..., 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

[F13but 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 [F14under 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 [F15or, 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.]

[F16(6ZA) For the purposes of calculating any period of 6 months referred to in sub-paragraph (6), and for those purposes only, a person shall be treated as entitled to income support for any period of 8 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.

(6ZB) Any period in respect of which—

(a)income support was paid to a person, and

(b)it was subsequently determined on appeal or review that he was not entitled to income support for that period,

shall be treated for the purposes of sub-paragraph (6ZA) as a period in respect of which he was not in receipt of income support.

(6ZC) Heads (c) to (f) of sub-paragraph (9) of paragraph 7 shall apply to sub-paragraph (6ZA) as they apply to sub-paragraph (1) of paragraph 7 but with the modification that the words “Subject to sub-paragraphs (10) and (11)” were omitted and references to “the claimant” were references to the person mentioned in sub-paragraph (6ZA).]

[F17(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) [F18In 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

F11977 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.

F6Word 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)

F71955 (c. 21), 1961 (c. 58).

F8Sch. 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)

F9Words 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))

F10Words 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))

F11Word 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))