The Employment and Support Allowance Regulations 2008

General exclusions from [F1 paragraphs 8 and 9] [F1 paragraph 9] E+W+S

10.—(1)  [F2 Paragraphs 8 and 9] [F2 Paragraph 9] will not apply where—

(a) [F3 the claimant or 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) [F4 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).

Textual Amendments

F1 Words in Sch. 6 para. 10 heading substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 4(2)(d)(ii) (with reg. 8)

F2 Words in Sch. 6 para. 10(1) substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 4(2)(d)(i) (with reg. 8)

F3 Words in Sch. 6 para. 10(1)(a) substituted (28.6.2010) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010 (S.I. 2010/840), regs. 1, 9(18)

F4 Sch. 6 para. 10(2)(a)(i) 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. 1(c)(vi)

Modifications etc. (not altering text)

C1 Sch. 6 para. 10 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), 9(d)(i) (with reg. 8)

C2 Sch. 6 para. 10(1) 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), 9(d)(ii) (with reg. 8)