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26. A case shall constitute a case for the purposes of paragraph 5(1) of Schedule 4B to the Order where—
(a)the housing costs of the non-applicant exceed the limits set out in regulation 18(1) of the Maintenance Assessments and Special Cases Regulations (excessive housing costs);
(b)the non-applicant falls within paragraph (2) of that regulation or would fall within that paragraph if it applied to parents with care; and
(c)the Department is satisfied that the housing costs of the non-applicant are substantially higher than is necessary taking into account any special circumstances applicable to that non-applicant.
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