The Jobseeker’s Allowance Regulations 1996

Housing Costs

1.—(1) Subject to the following provisions of this Schedule, the housing costs applicable to a claimant are those costs—

(a) which he or, where he is a member of a family, he or any member of that family is, in accordance with paragraph 2, liable to meet in respect of the dwelling occupied as the home which he or any other member of his family is treated as occupying; and

(b) which qualify [F1 under paragraph 16].

(2) In this Schedule—

“housing costs" means those costs to which sub-paragraph (1) refers;

F2 ...

F2 ...

F3 ...

(3) For the purposes of this Schedule a disabled person is a person–

(a) in respect of whom a disability premium, a disabled child premium, a pensioner premium where the claimant’s partner has attained the age of 75 or a higher pensioner premium is included in his applicable amount or the applicable amount of a person living with him; or

(b) who, had he in fact been entitled to a jobseeker’s allowance or to income support, would have had included in his applicable amount a disability premium, a disabled child premium, a pensioner premium where the claimant’s partner has attained the age of 75 or a higher pensioner premium; or

(c) who satisfies the requirements of paragraph 9 A of Schedule 2 to the Income Support [F4 Regulations] F5 (pensioner premium for person aged 75 or over)[F6 ; F7 ...

(d) who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002] [F8 or

[F9 (e) who–

(i) is in receipt of an employment and support allowance which includes an amount under section 2(2) F10 ... or 4(4) F10 ... of the Welfare Reform Act [F11 (component) [F12 or who is a member of the work-related activity group]]; or

(ii) would be entitled to an employment and support allowance F13 ..., but for the application of section 1A of that Act (duration of contributory allowance)]][F14 ; or

(f) who is entitled to an award of universal credit [F15 and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013].]

(4) For the purposes of sub-paragraph (3), a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section 171E of the Benefits Act F16 (incapacity for work, disqualification etc.) [F17 or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification)].

Textual Amendments

F1 Words in Sch. 2 para. 1(1)(b) substituted (with effect in accordance with regs. 19-21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(i)

F2 Words in Sch. 2 para. 1(2) omitted (1.4.2016) by virtue of The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(a) (with reg. 8)

F3 Words in Sch. 2 para. 1(2) omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(ii)

F4 Word in Sch. 2 para. 1(3)(c) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2

F5 Paragraph 9A was inserted by S.I. 1989/534.

F6 Sch. 2 para. 1(3)(d) and word inserted (2.10.2006) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 2006 (S.I. 2006/2378), regs. 1(3), 13(11)(a)

F7 Word in Sch. 2 para. 1(3)(c) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(a)(i)(aa)

F8 Sch. 2 para. 1(3)(e) and word added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(a)(i)(bb)

F9 Sch. 2 para. 1(3)(e) substituted (1.5.2012) by The Employment and Support Allowance (Duration of Contributory Allowance) (Consequential Amendments) Regulations 2012 (S.I. 2012/913), regs. 1(2), 4

F10 Words in Sch. 2 para. 1(3)(e)(i) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 3(3)(a)(i)(aa) (with Sch. 2 paras. 1-7)

F11 Word in Sch. 2 para. 1(3)(e)(i) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 3(3)(a)(i)(bb) (with Sch. 2 paras. 1-7)

F12 Words in Sch. 2 para. 1(3)(e)(i) inserted (23.6.2017) by The Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations 2017 (S.I. 2017/581), regs. 1, 3 (with reg. 10)

F13 Words in Sch. 2 para. 1(3)(e)(ii) omitted (3.4.2017) by virtue of The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 3(3)(a)(ii) (with Sch. 2 paras. 1-7)

F14 Sch. 2 para. 1(3)(f) and word inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 30(7)(a)

F15 Words in Sch. 2 para. 1(3)(f) substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 12

F16 Section 171E was inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1).

F17 Words in Sch. 2 para. 1(4) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(a)(ii)

Modifications etc. (not altering text)

C1 Sch. 2 para. 1(2) applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(a) (with reg. 8)