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Prospective

SCHEDULE 2N.I.Decisions of rent payable

PART IIN.I.Assumptions etc.

Ineligible charges and support chargesN.I.

7.—(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.

Commencement Information

I1Sch. 2 para. 7 in operation at 20.11.2006, see reg. 1(1)

Housing associations etc.N.I.

8.—(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.

Commencement Information

I2Sch. 2 para. 8 in operation at 20.11.2006, see reg. 1(1)