The Social Security (Claims and Payments) Regulations 1987

Service charges for fuel, and rent not falling within paragraph 2(1)(a)E+W+S

5.—(1) Subject to paragraph 8, this paragraph applies to a beneficiary if–

(a)he has been awarded the specified benefit; and

(b)he or his partner is entitled to housing benefit in the form of a rent rebate or rent allowance [F1or is resident in approved premises under section 13 of the Offender Management Act 2007]; and

(c)[F2unless sub-paragraph (1A) applies,] he or his partner has arrears of rent which equal or exceed four times the full weekly rent payable and–

(i)there are arrears of rent in respect of at least 8 weeks and the landlord has requested the Secretary of State to make payments in accordance with this paragraph; or

(ii)there are arrears of rent in respect of less than 8 weeks and in the opinion of the [F3Secretary of State] it is in the overriding interests of the family that payments shall be made in accordance with this paragraph.

[F4(1A) This sub-paragraph applies where the rent includes charges for services included under paragraph 4A(1)(d) and the arrears for these services exceed £100.00.]

[F5(1B) For the purposes of sub-paragraphs (1) and (1A), references to “rent” include charges incurred in respect of accommodation in approved premises under section 13 of the Offender Management Act 2007.]

[F6(2) For the purposes of sub-paragraph (1) arrears of rent do not include any amount which falls to be deducted under regulation 74 of the Housing Benefit Regulations (non-dependant deductions) or, as the case may be, regulation 55 of the Housing Benefit (State Pension Credit) Regulations (non-dependant deductions) when assessing a person’s housing benefit.]

(3) [F7The] [F8Secretary of State] shall determine that a weekly amount of the specified benefit awarded to the beneficiary shall be paid to his or his partner's landlord if–

(a)he or his partner is entitled to housing benefit and in calculating that benefit a deduction is made under [F9[F10regulation 12B(2)] of the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations] in respect of either or both of water charges or service charges for fuel; and

(b)the amount of the beneficiary's award is not less than the amount of the deduction,

and the amount to be so paid shall be equal to the amount of the deduction.

F11(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(5) A determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraphs (3) and (6) exceeds [F13a sum calculated in accordance with paragraph 8(4);]]

F14[F15(5A)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In a case to which sub-paragraph (1) [F16or (1A)] applies the [F17Secretary of State] may determine that a weekly amount of the specified benefit awarded to that beneficiary equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 F18... shall be paid to his landlord[F19, or the person or body to whom charges are payable in respect of the residence of the beneficiary or the beneficiary's partner in approved premises under section 13 of the Offender Management Act 2007,] until the debt is discharged.

[F20(7) Immediately after the discharge of any arrears of rent to which sub-paragraph (1) [F21or (1A)] applies and in respect of which a determination has been made under sub-paragraph (6) the [F22Secretary of State] may, if satisfied that it would be in the interests of the family to do so, direct that an amount, equal to the amount by which the eligible rent is to be reduced by virtue of [F23[F24regulation 12B(2)] of the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations] in respect of charges for water or service charges for fuel or both, shall be deductible.]