The Employment and Support Allowance Regulations 2008

General exclusions from paragraphs 8 and 9

10.—(1) Paragraphs 8 and 9 will not apply where—

(a) the claimant’s partner has attained the qualifying age for state pension credit;

(b) the housing costs are payments—

(i) under a co-ownership agreement;

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

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

(2) In a case falling within sub-paragraph (1), the housing costs to be met are—

(a) where paragraph (a) of sub-paragraph (1) applies, an amount—

(i) determined in the manner set out in paragraph 11 by applying the standard rate to the eligible capital for the time being owing in connection with a loan which qualifies under paragraph 16 or 17; and

(ii) equal to the payments which qualify under paragraph 18;

(b) where paragraph (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 18(1)(d) to (f).