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SCHEDULES

SCHEDULE 2 HOUSING COSTS

Housing costs not met

4.—(1) No amount may be met under the provisions of this Schedule–

(a)in respect of housing benefit expenditure; or

(b)where [F1a claimant] is [F2living in a care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital ]during a temporary absence from the dwelling he occupies as his home and in so far as they relate to temporary absences, the provisions of paragraph 3(8) to (12) apply to him during that absence.

(2) Subject to the following provisions of this paragraph, loans which, apart from this paragraph, qualify under paragraph 14 shall not so qualify where the loan was incurred during the relevant period and was incurred—

(a)after 7th October 1996, or

(b)after 2nd May 1994 and the housing costs applicable to that loan were not met in income support by virtue of the former paragraph 5A of Schedule 3 to the Income Support Regulations F3 or paragraph 4(2)(a) of that Schedule in any one or more of the 26 weeks [F4preceding] 7th October 1996, or

(c)subject to sub-paragraph (3), in the 26 weeks preceding 7th October 1996 by a person—

(i)who was not at that time entitled to income support; and

[F5(ii)who becomes, or whose partner becomes or, where that person is a member of a joint-claim couple, that couple become, entitled to a jobseeker’s allowance after 6th October 1996 and that entitlement is within 26 weeks of an earlier entitlement to income support for the claimant or his partner or, as the case may be, either member of the joint-claim couple.]

(3) Sub-paragraph (2)(c) shall not apply in respect of a loan where [F1a claimant] has interest payments on that loan met without restrictions under an award of income support in respect of a period commencing before 7th October 1996.

(4) The “relevant period" for the purposes of this paragraph is any period during which the person to whom the loan was made—

(a)is entitled to a jobseeker’s allowance, or

(b)is living as a member of a family one of whom is entitled to a jobseeker’s allowance,

together with any linked period, that is to say a period falling between two such periods of entitlement to a jobseeker’s allowance, separated by not more than 26 weeks.

[F6(4A) For the purposes of sub-paragraph (4), a person shall be treated as entitled to a jobseeker’s allowance during any period when he[F7, his partner or, where that person is a member of a joint-claim couple, the other member of that couple] was not so entitled because—

(a)that person[F7, his partner or, where that person is a member of a joint-claim couple, the other member of that couple] was participating in an employment programme specified in regulation 75(1)(a)(ii)[F8, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus]; and

(b)in consequence of such participation that person[F7, his partner or, where that person is a member of a joint-claim couple, the other member of that couple], was engaged in remunerative work or failed to satisfy the condition specified either in section 2(1)(c)[F9, 3(1)(a) or 3A(1)(a)].]

(5) For the purposes of sub-paragraph (4)–

(a)any week in the period of 26 weeks ending on 7th October 1996 on which there arose an entitlement to income support shall be taken into account in determining when the relevant period commences; and

(b)two or more periods of entitlement and any intervening linked periods shall together form a single relevant period.

(6) Where the loan to which sub-paragraph (2) refers has been applied–

(a)for paying off an earlier loan, and that earlier loan qualified under paragraph 14 [F10during the relevant period]; or

[F11(b)to finance the purchase of a property where an earlier loan, which qualified under paragraphs 14 and 15 during the relevant period in respect of another property, is paid off (in whole or in part) with monies received from the sale of that property;]

then the amount of the loan to which sub-paragraph (2) applies is the amount (if any) by which the new loan exceeds the earlier loan.

(7) Notwithstanding the preceding provisions of this paragraph, housing costs shall be met in any case where a claimant satisfies any of the conditions specified in sub-paragraphs (8) to (11) below, but—

(a)those costs shall be subject to any additional limitations imposed by the sub-paragraph; and

(b)where [F1a claimant] satisfies the conditions in more than one of these sub-paragraphs, only one sub-paragraph shall apply in his case and the one that applies shall be the one most favourable to him [F12or, as the case may be, to the joint-claim couple of which he is a member].

(8) The conditions specified in this sub-paragraph are that–

(a)during the relevant period [F1a claimant] or a member of his family acquires an interest (“the relevant interest") in a dwelling which he then occupies or continues to occupy as his home; and

(b)in the week preceding the week in which the relevant interest was acquired, housing benefit was payable to [F1a claimant] or a member of his family;

so however that the amount to be met by way of housing costs shall initially not exceed the aggregate of—

(i)the housing benefit payable in the week mentioned at sub-paragraph (8)(b); and

(ii)any amount included in the applicable amount of [F1a claimant] or a member of his family in accordance with regulation 83(f)[F13, 84(1)(g), 86A(d) or 86B(e)] in that week;

and shall be increased subsequently only to the extent that it is necessary to take account of any increase, arising after the date of the acquisition, in the standard rate or in any housing costs which qualify under paragraph 16 (other housing costs).

(9) The condition specified in this sub-paragraph is that the loan was taken out, or an existing loan increased, to acquire alternative accommodation more suited to the special needs of a disabled person than the accommodation which was occupied before the acquisition by [F1a claimant].

(10) The conditions specified in this sub-paragraph are that–

(a)the loan commitment increased in consequence of the disposal of the dwelling occupied as the home and the acquisition of an alternative such dwelling; and

(b)the change of dwelling was made solely by reason of the need to provide separate sleeping accommodation for children of different sexes aged 10 or over who belong to the same family as [F1a claimant].

(11) The conditions specified in this sub-paragraph are that–

(a)during the relevant period [F1a claimant] or a member of his family acquires an interest (“the relevant interest") in a dwelling which he then occupies as his home; and

(b)in the week preceding the week in which the relevant interest was acquired, the applicable amount of [F1a claimant] or a member of his family included an amount determined by reference to paragraph 16 and did not include any amount specified in paragraph 14 or paragraph 15;

so however that the amount to be met by way of housing costs shall initially not exceed the amount so determined, and shall be increased subsequently only to the extent that it is necessary to take account of any increase, arising after the date of acquisition, in the standard rate or in any housing costs which qualify under paragraph 16 (other housing costs).

(12) The following provisions of this Schedule shall have effect subject to the provisions of this paragraph.

Textual Amendments

F3Paragraph 5A of Schedule 3 was inserted by S.I. 1994/1004 and is revoked by regulation 3 of and Schedule 4 to S.I. 1995/1613.