PART 9Circumstances in which a claimant is or is not to be treated as occupying a hereditament as his home

Claimant living in another hereditament during essential repairs29

1

Where a claimant—

a

is required to move into a hereditament (“the other hereditament”) on account of essential repairs being carried out to the hereditament the claimant normally occupies as his home;

b

intends to return to the hereditament which is under repair; and

c

is liable for rates in respect of either the other hereditament or the hereditament which he normally occupies as his home (but not both),

the claimant is to be treated as normally occupying as his home the hereditament in respect of which those conditions are met.

2

A claimant is subject to F1regulation 28 where—

a

paragraph (1)(a) and (b) apply to the claimant; but

b

the claimant is liable for rates in respect of both the other hereditament and the hereditament which he normally occupies as his home.

3

Any determination in respect of the claimant's award of universal credit made (whether on the initial decision or as subsequently revised or superseded or further revised or superseded) in accordance with paragraph 2 of Schedule 3 to the Universal Credit Regulations shall be followed for the purpose of this regulation.