18.—(1) Subject to the deduction specified in sub-paragraph (2) and the reductions applicable in sub-paragraph (5), there are to be met under this paragraph the amounts, calculated on a weekly basis, in respect of the following housing costs—
(a)payments by way of rent or ground rent relating to a long tenancy;
(b)service charges;
(c)payments by way of rentcharge within the meaning of section 1 of the Rentcharges Act 1977 F2;
(d)payments under a co-ownership scheme;
(e)payments under or relating to a tenancy or licence of a Crown tenant;
(f)where the dwelling occupied as the home is a tent, payments in respect of the tent and the site on which it stands.
(2) Subject to sub-paragraph (3), the deductions to be made from the weekly amounts to be met under this paragraph are—
(a)where the costs are inclusive of any of the items mentioned in paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations 2006 F3 (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount;
(b)where the costs are inclusive of ineligible service charges within the meaning of paragraph 1 of Schedule 1 to the Housing Benefit Regulations 2006 (ineligible service charges) the amounts attributable to those ineligible service charges or where that amount is not separated from or separately identified within the housing costs to be met under this paragraph, such part of the payments made in respect of those housing costs which are fairly attributable to the provision of those ineligible services having regard to the costs of comparable services;
(c)any amount for repairs and improvements, and for this purpose the expression “repairs and improvements” has [F4the same meaning it has in paragraph 17(2)] [F4the meaning in sub-paragraph (6)].
(3) Where arrangements are made for the housing costs, which are met under this paragraph and which are normally paid for a period of 52 weeks, to be paid instead for a period of 53 weeks, or to be paid irregularly, or so that no such costs are payable or collected in certain periods, or so that the costs for different periods in the year are of different amounts, the weekly amount will be the amount payable for the year divided by 52.
(4) Where the claimant or a member of the claimant's family—
(a)pays for reasonable repairs or redecorations to be carried out to the dwelling they occupy; and
(b)that work was not the responsibility of the claimant or any member of the claimant's family; and
(c)in consequence of that work being done, the costs which are normally met under this paragraph are waived,
then those costs will, for a period not exceeding 8 weeks, be treated as payable.
(5) Where in England and Wales an amount calculated on a weekly basis in respect of housing costs specified in sub-paragraph (1)(e) includes water charges, that amount is to be reduced—
(a)where the amount payable in respect of water charges is known, by that amount;
(b)in any other case, by the amount which would be the likely weekly water charge had the property not been occupied by a Crown tenant.
[F5(6) For the purposes of sub-paragraph (2)(c), “repairs and improvements” means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of a building containing that dwelling—
(a)provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system;
(b)repairs to existing heating system;
(c)damp proof measures;
(d)provision of ventilation and natural lighting;
(e)provision of drainage facilities;
(f)provision of facilities for preparing and cooking food;
(g)provision of insulation of the dwelling occupied as the home;
(h)provision of electric lighting and sockets;
(i)provision of storage facilities for fuel or refuse;
(j)repairs of unsafe structural defects;
(k)adapting a dwelling for the special needs of a disabled person; or
(l)provision of separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible.]
Textual Amendments
F1Words in Sch. 6 para. 18 heading 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. 1(c)(x)(aa)
F3S.I. 2006/213, the relevant amending instrument is S.I. 2007/688.
F4Words in Sch. 6 para. 18(2)(c) 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. 1(c)(x)(bb)
F5Sch. 6 para. 18(6) inserted (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. 1(c)(x)(cc)