SCHEDULE 2Decisions of rent payable

PART IIAssumptions etc.

Ineligible charges and support chargesI17

1

For the purposes of this paragraph, “ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 13(3) and Schedule 1 except, in the case of a tenancy where the rent includes payments for board and attendance, and the Executive considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1.

2

When making a decision under paragraph 1, 2 or 3 of this Schedule, the Executive shall assume that the items to which the ineligible charges relate were not to be provided or made available.

Annotations:
Commencement Information
I1

Sch. 2 para. 7 in operation at 20.11.2006, see reg. 1(1)

Housing associations etc.I28

1

Where the landlord is a housing association or a charity, the Executive shall assume that the landlord is not such a body.

2

The Executive shall not take into account the rent under any tenancy where the landlord is a housing association or where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes.

3

In this paragraph “charity” has the same meaning as in the Charities Act (Northern Ireland) 1964.