The Jobseeker’s Allowance Regulations 1996

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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 [F1under paragraph 16].

(2) In this Schedule—

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

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 [F4Regulations] 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] [F8or

[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) [F12or 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 [F15and 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.) [F17or 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

F1Words 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)

F2Words 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)

F3Words 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)

F4Word 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

F5Paragraph 9A was inserted by S.I. 1989/534.

F6Sch. 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)

F7Word 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)

F8Sch. 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)

F9Sch. 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

F10Words 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)

F11Word 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)