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The Income Support (General) Regulations 1987

Changes over time for: SCHEDULE 3

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Version Superseded: 08/04/2019

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Point in time view as at 09/04/2018.

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Regulations 17(1)(e) and 18(1)(f)

[F1SCHEDULE 3E+W+S HOUSING COSTS

Textual Amendments

Modifications etc. (not altering text)

Housing CostsE+W+S

1.—(1) Subject to the following provisions of this Schedule, the housing costs applicable to claimant are those costs—

(a)which he or, where he is a member of a family, he or any member of that family is, in accordance with paragraph 2, liable to meet in respect of the dwelling occupied as the home which he or any other member of his family is treated as occupying, and

(b)which qualify [F2under paragraph 17].

(2) In this Schedule—

“housing costs" means those costs to which sub-paragraph (1) refers;

F3...

F3...

F4...

(3) For the purposes of this Schedule a disabled person is a person—

(a)in respect of whom a disability premium, a disabled child premium, a pensioner premium for persons aged 75 or over or a higher pensioner premium is included in his applicable amount or the applicable amount of a person living with him; or

(b)F5... who, had he in fact been entitled to income support, would have had included in his applicable amount a disability premium, a disabled child premium, a pensioner premium for persons aged 75 or over or a higher pensioner premium [F6; or

(c)who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002.]

[F7(d)who–

(i)is in receipt of an employment and support allowance which includes an amount under section 2(2) F8... or 4(4) F8... of the Welfare Reform Act [F9(component) or is a member of the work-related activity group] F8...; or

(ii)would be entitled to an employment and support allowanceF10..., but for the application of section 1A of that Act (duration of contributory allowance)][F11; or

(e)who is entitled to an award of universal credit [F12and has limited capability for work or limited capability for work and work-related activity as construed in accordance with regulations 39 and 40 of the Universal Credit Regulations 2013.]]

(4) For the purposes of sub-paragraph (3), a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section l71E of the Contributions and Benefits Act (incapacity for work, disqualification etc.) [F13or disqualified for receiving employment and support allowance or treated as not having limited capability for work in accordance with regulations made under section 18 of the Welfare Reform Act (disqualification)].

Textual Amendments

F2Words in Sch. 3 para. 1(1)(b) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(i)

F4Words in Sch. 3 para. 1(2) 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. 2(d)(ii)

Modifications etc. (not altering text)

[F14[F15Previous entitlement to income-based jobseeker’s allowance [F16, income-related employment and support allowance] or state pension credit]E+W+S

1A.—(1) Where a claimant or his partner was in receipt of or was treated as being in receipt of income-based jobseeker’s allowance [F17or income-related employment and support allowance] not more than 12 weeks before one of them becomes entitled to income support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitled and—

(a)the applicable amount for that allowance included an amount in respect of housing costs [F18under paragraph 16 of Schedule 2] to the Jobseeker’s Allowance Regulations 1996 [F19or [F20paragraph 18 of Schedule 6] to the Employment and Support Allowance Regulations]; and

(b)the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income support shall be the applicable amount in respect of those costs current when entitlement to income-based jobseeker’s allowance [F17or income-related employment and support allowance] was last determined.

[F21(1A) Where a claimant or his partner was in receipt of state pension credit not more than 12 weeks before one of them becomes entitled to income support or, where the claimant or his partner is a person to whom paragraph 14(2) or (8) (linking rules) refers, not more than 26 weeks before becoming so entitled, and—

(a)the appropriate minimum guarantee included an amount in respect of housing costs [F22paragraph 13 of Schedule II] to the State Pension Credit Regulations 2002; and

(b)the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount in respect of housing costs for income support shall be the amount applicable in respect of those costs current when entitlement to state pension credit was last determined.]

(2) Where, in the period since housing costs were last calculated for income-based jobseeker’s allowance [F17or income-related employment and support allowance] [F23or (as the case may be) state pension credit], there has been a change of circumstances, other than a reduction in the amount of an outstanding loan, which increases or reduces those costs, the amount to be met under this Schedule shall, for the purposes of the claim for income support, be recalculated so as to take account of that change.]

Textual Amendments

F18Words in Sch. 3 para. 1A(1)(a) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(iii)(aa)

F20Words in Sch. 3 para. 1A(1)(a) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(iii)(bb)

F22Words in Sch. 3 para. 1A(1A)(a) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(iv)

Circumstances in which a person is liable to meet housing costsE+W+S

2.—(1) A person is liable to meet housing costs where—

(a)the liability falls upon him or his partner but not where the liability is to a member of the same household as the person on whom the liability falls;

(b)because the person liable to meet the housing costs is not meeting them, the claimant as to meet those costs in order to continue to live in the dwelling occupied as the home and it is reasonable in all the circumstances to treat the claimant as liable to meet those costs;

(c)he in practice shares the housing costs with other members of the household none of whom are close relatives either of the claimant or his partner, and

(i)one or more of those members is liable to meet those costs, and

(ii)it is reasonable in the circumstances to treat him as sharing responsibility.

(2) Where any one or more, but not all, members of the claimant’s family are affected by a trade dispute, the housing costs shall be treated as wholly the responsibility of those members of the family not so affected.

Circumstances in which a person is to be treated as occupying a dwelling as his homeE+W+S

3.—(1) Subject to the following provisions of this paragraph, a person shall be treated as occupying as his home the dwelling normally occupied as his home by himself or, if he is a member of a family, by himself and his family and he shall not be treated as occupying any other dwelling as his home.

(2) In determining whether a dwelling is the dwelling normally occupied as the claimant’s home for the purposes of sub-paragraph (1) regard shall be had to any other dwelling occupied by the claimant or by him and his family whether or not that other dwelling is in Great Britain.

(3) Subject to sub-paragraph (4), where a single claimant or a lone parent is a [F24full-time student] or is on a training course and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or his training course or, as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

(4) A full-time student shall not be treated as occupying a dwelling as his home for any week of absence from it, other than an absence occasioned by the need to enter hospital for treatment, outside the period of study, if the main purpose of his occupation during the period of study would be to facilitate attendance on his course.

(5) Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home and he is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling normally occupied or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make those payments.

(6) Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only—

(a)where he has left and remains absent from the former dwelling occupied as the home through fear of violence in that dwelling or by a former member of his family and it reasonable that housing costs should be met in respect of both his former dwelling and his present dwelling occupied as the home; or

(b)in the case of a couple or a member of a polygamous marriage where a partner is a [F24full-time student] or is on a training course and it is unavoidable that he or they should occupy two separate dwellings and reasonable that housing costs should be met in respect of both dwellings; or

(c)in the case where a person has moved into a new dwelling occupied as the home, except where sub-paragraph (5) applies, for a period not exceeding four benefit weeks [F25from the first day of the benefit week in which the move occurs] if his liability to make payments in respect of two dwellings is unavoidable.

(7) Where—

(a)a person has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and

(b)he had claimed income support before moving in and either that claim has not yet been determined or it has been determined but an amount has not been included under this Schedule and if the claim has been refused a further claim has been made within four weeks of the date on which the claimant moved into the new dwelling occupied as the home; and

(c)the delay in moving into the dwelling in respect of which there was liability to make payments before moving in was reasonable and—

(i)that delay was necessary in order to adapt the dwelling to meet the disablement needs of the claimant or any member of his family; or

[F26(ii)the move was delayed pending [F27 local welfare provision or] the outcome of an application under Part 8 of the Contributions and Benefits Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling, and—

(aa)a member of the claimant’s family is aged five or under,

(bb)the claimant’s applicable amount includes a premium under paragraph 9, 9A, 10, 11, 13 or 14 of Schedule 2 (applicable amounts), or

(cc)a child tax credit is paid for a member of the claimant’s family who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002; or]

(iii)the person became liable to make payments in respect of the dwelling while he was a patient or was in residential accommodation,

he shall be treated as occupying the dwelling as his home for any period not exceeding four weeks immediately prior to the date on which he moved into the dwelling and in respect of which he was liable to make payments.

(8) This sub-paragraph applies to a person who enters residential accommodation—

(a)for the purpose of ascertaining whether the accommodation suits his needs; and

(b)with the intention of returning to the dwelling which he normally occupies as his home should, in the event, the residential accommodation prove not to suit his needs,

and while in the accommodation, the part of the dwelling which he normally occupies as his home is not let, or as the case may be, sub-let to another person.

(9) A person to whom sub-paragraph (8) applies shall be treated as occupying the dwelling he normally occupies as his home during any period (commencing with the day he enters the accommodation) not exceeding l3 weeks in which the person is resident in the accommodation, but only in so far as the total absence from the dwelling does not exceed 52 weeks.

(10) A person, other than a person to whom sub-paragraph (11) applies, shall be treated as occupying a dwelling as his home throughout any period of absence not exceeding 13 weeks, if, and only if—

(a)he intends to return to occupy the dwelling as his home; and

(b)the part of the dwelling normally occupied by him has not been let or, as the case may be, sub-let to another person; and

(c)the period of absence is unlikely to exceed 13 weeks.

(11) This sub-paragraph applies to a person whose absence from the dwelling he normally occupies as his home is temporary and—

(a)he intends to return to occupy the dwelling as his home; and

(b)while the part of the dwelling which is normally occupied by him has not been let or, as the case may be, sub-let; and

(c)he is—

[F28(i)detained in custody on remand pending trial or, as a condition of bail, required to reside—

(aa)in a dwelling, other than the dwelling he occupies as his home; or

(bb)in premises approved under [F29section 13 of the Offender Management Act 2007],

or, detained pending sentence upon conviction, or]

(ii)resident in a hospital or similar institution as a patient, or

(iii)undergoing or, as the case may be, his partner or his dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation, or

(iv)following, in the United Kingdom or elsewhere, a training course, or

(v)undertaking medically approved care of a person residing in the United Kingdom or elsewhere, or

(vi)undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment, or

(vii)a person who is, whether in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation, or

(viii)a [F30full-time student] to whom sub-paragraph (3) or (6)(b) does not apply, or

(ix)a person other than a person to whom sub-paragraph (8) applies, who is receiving care provided in residential accommodation; or

(x)a person to whom sub-paragraph (6)(a) does not apply and who has left the dwelling he occupies as his home through fear of violence in that dwelling[F31, or by a person] who was formerly a member of his family; and

(d)the period of his absence is unlikely to exceed a period of 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.

(12) A person to whom sub-paragraph (11) applies is to be treated as occupying the dwelling he normally occupies as his home during any period of absence not exceeding 52 weeks beginning with the first day of that absence.

(13) In this paragraph—

(a)“medically approved" means certified by a medical practitioner;

(b)“patient" means a person who is undergoing medical or other treatment as an inpatient in a hospital or similar institution;

[F32(ba)“period of study” has the meaning given in regulation 61(1) (interpretation);]

[F33(c)“residential accommodation” means accommodation which is a care home, an Abbeyfield Home or an an independent hospital;]

(d)“training course" means such a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, [F34Skills Development Scotland,] Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.

Textual Amendments

Housing costs not metE+W+S

4.—(1) No amount may be met under the provisions of this Schedule—

(a)in respect of housing benefit expenditure; or

(b)where the claimant is [F35living in care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital] during a temporary absence from the dwelling he occupies as his home and in so far as they relate to temporary absences, the provisions of paragraph 3(8) to (12) apply to him during that absence.

F36(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36Sch. 3 para. 4(2)-(12) 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. 2(d)(v)

Apportionment of housing costsE+W+S

5.—(1) Where the dwelling occupied as the home is a composite hereditament and—

(a)before 1st April 1990 for the purposes of section 48(5) of the General Rate Act 1967 (reduction of rates on dwellings), it appeared to a rating authority or it was determined in pursuance of subsection (6) of section 48 of that Act that the hereditament, including the dwelling occupied as the home, was a mixed hereditament and that only a proportion of the rateable value of the hereditament was attributable to use for the purpose of a private dwelling; or

(b)in Scotland, before 1st April 1989 an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 1980 (provision as to valuation roll) has apportioned the net annual value of the premises including the dwelling occupied as the home between she part occupied as a dwelling and the remainder,

the amounts applicable under this Schedule shall be such proportion of the amounts applicable in respect of the hereditament or premises as a whole as is equal to the proportion of the rateable value of the hereditament attributable to the part of the hereditament used for the purposes of a private tenancy or, in Scotland, the proportion of the net annual value of the premises apportioned to the part occupied as a dwelling house.

(2) Subject to sub-paragraph (1) and the following provisions of this paragraph, where the dwelling occupied as the home is a composite hereditament, the amount applicable under this Schedule shall be the relevant fraction of the amount which would otherwise be applicable under this Schedule in respect of the dwelling occupied as the home.

(3) For the purposes of sub-paragraph (2), the relevant fraction shall be obtained in accordance with the formula—

where— “A" is the current market value of the claimant’s interest in that part of the composite hereditament which is domestic property within the meaning of section 66 of the Act of 1988;

“B" is the current market value of the claimant’s interest in that part of the composite hereditament which is not domestic property within that section.

(4) In this paragraph—

“composite hereditament" means—

(a)as respects England and Wales, any hereditament which is shown as a composite hereditament in a local non-domestic rating list;

(b)as respects Scotland, any lands and heritages entered in the valuation roll which are part residential subjects within the meaning of section 26(1) of the Act of 1987;

“local non-domestic rating list" means a list compiled and maintained under section 41(1) of the Act of 1988;

“the Act of 1987" means the Abolition of Domestic Rates Etc.(Scotland) Act 1987;

“the Act of 1988" means the Local Government Finance Act 1988.

(5) Where responsibility for expenditure which relates to housing costs met under this Schedule is shared, the amounts applicable shall be calculated by reference to the appropriate proportion of that expenditure for which the claimant is responsible.

Modifications etc. (not altering text)

C5Sch. 3 para. 5(3): sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(i), 20(1)(3), Sch. 4

Existing housing costsE+W+S

F376.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Transitional ProtectionE+W+S

F387.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F39Housing costs]E+W+S

8.—(1) F40Subject to the provisions of this Schedule, the ... housing costs to be met in any particular case are—

(a)where the claimant has been [F41entitled to] income support for a continuous period of 39 weeks or more, an amount—

F42(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)equal to any payments which qualify under paragraph 17(1)(a) to (c);

(b)in any other case, nil.

F43(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F42Sch. 3 para. 8(1)(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. 2(d)(vi)

F43Sch. 3 para. 8(1A) 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. 2(d)(vi)

F44Sch. 3 para. 8(1B) 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. 2(d)(vi)

Modifications etc. (not altering text)

C8Sch. 3 para. 8(1) applied (with modifications) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(2), 5(b) (with regs. 3, 7)

C10Sch. 3 para. 8(1)(b): sum confirmed (coming into force in accordance with art. 1(2)(i) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(i), 20(1)(3), Sch. 4

General exclusions from [F46paragraph 8] E+W+S

9.—(1) [F47Paragraph 8] shall not apply where—

[F48(a)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 head (a) of sub-paragraph (1) applies, an amount—

F49(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)equal to the payments which qualify under paragraph 17;

(b)where head (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 17(1)(d) to (f).

Textual Amendments

F49Sch. 3 para. 9(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. 2(d)(vii)

Modifications etc. (not altering text)

The calculation for loansE+W+S

F5010.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50Sch. 3 paras. 10-13 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. 2(d)(viii)

General provisions applying to F51... housing costsE+W+S

F5011.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50Sch. 3 paras. 10-13 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. 2(d)(viii)

Modifications etc. (not altering text)

C13Sch. 3 para. 11(5): sum confirmed for certain purposes (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(6)

The standard rateE+W+S

F5012.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50Sch. 3 paras. 10-13 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. 2(d)(viii)

Excessive Housing CostsE+W+S

F5013.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50Sch. 3 paras. 10-13 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. 2(d)(viii)

Linking ruleE+W+S

14.—(1) F52...For the purposes of this Schedule—

(a)a person shall be treated as being in receipt of income support during the following periods—

(i)any period in respect of which it was subsequently [F53determined] that he was entitled to income support; and

(ii)any period of 12 weeks or less [F54or, as the case may be, 52 weeks or less,] in respect of which he was not in receipt of income support and which fell immediately between periods in respect of which F55...;

[F56(aa)he was, or was treated as being, in receipt of income support,

(bb)he was treated as entitled to income support for the purpose of sub-paragraph (5) or (5A) , or

(cc)(i) above applies;]

(b)a person shall be treated as not being in receipt of income support during any period other than a period to which (a)(ii) above applies in respect of which it is subsequently [F57determined] that he was not so entitled;

(c)where—

(i)the claimant was a member of a couple or a polygamous marriage; and

(ii)his partner was, in respect of a past period, in receipt of income support for himself and the claimant; and

(iii)the claimant is no longer a member of that couple or polygamous marriage; and

(iv)the claimant made his claim for income support within twelve weeks [F58or, as the case may be, 52 weeks,] of ceasing to be a member of that couple or polygamous marriage,

he shall be treated as having been in receipt of income support for the same period as his former partner had been or had been treated, for the purposes of this Schedule, as having been;

(d)where the claimant’s partner’s applicable amount was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 2 applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks [F59or, as the case may be, 52 weeks,] of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

(e)where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period, in receipt of income support for himself and the claimant, and the claimant has begun to receive income support as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

[F60(ee)where the claimant—

(i)is a member of a couple or a polygamous marriage and the claimant’s partner was, immediately before the participation by any member of that couple or polygamous marriage in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996[F61, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations F62...], in receipt of income support and his applicable amount included an amount for the couple or for the partners of the polygamous marriage; and

(ii)has, immediately after that participation in that programme, begun to receive income support as a result of an election under regulation 4(3) of the Social Security (Claims and Payments) Regulations 1987 by the members of the couple or polygamous marriage,

the claimant shall be treated as having been in receipt of income support for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;]

(f)where—

(i)the claimant was a member of a family of a person (not being a former partner) entitled to income support and at least one other member of that family was a child or young person; and

(ii)the claimant becomes a member of another family which includes that child or young person; and

(iii)the claimant made his claim for income support within 12 weeks [F63or, as the case may be, 52 weeks,] of the date on which the person entitled to income support mentioned in (i) above ceased to be so entitled,

the claimant shall be treated as being in receipt of income support for the same period as that person had been or had been treated, for the purposes of this Schedule, as having been.

F64(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) For the purposes of this Schedule, where a claimant has ceased to be entitled to income support because he or his partner is participating in arrangements for training made under section 2 of the Employment and Training Act 1973 or attending a course at an employment rehabilitation centre established under that section [F65or under the Enterprise and New Towns (Scotland) Act 1990], he shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in such arrangements or attending such a course.

[F66(3ZA) For the purposes of this Schedule, a claimant who has ceased to be entitled to income support because—

(a)that claimant or his partner was participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 [F67, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those RegulationsF68...] [F69or in an employment zone scheme]; and

(b)in consequence of such participation the claimant or his partner was engaged in remunerative work or had an income in excess of the claimant’s applicable amount as prescribed in Part IV,

shall be treated as if he had been in receipt of income support for the period during which he or his partner was participating in that programme [F70or activity].]

[F71(3A) Where, for the purposes of sub-paragraphs [F72(1), (3) and (3ZA)], a person is treated as being in receipt of income support, for a certain period, he shall[F73, subject to sub-paragraph (3AA),] be treated as being entitled to income support for the same period.]

F74(3AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F75(3B) For the purposes of this Schedule, in determining whether a person is entitled to or to be treated as entitled to income support, entitlement to a contribution-based jobseeker’s allowance immediately before a period during which that person or his partner is participating in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 [F76, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations F77...] shall be treated as entitlement to income support for the purposes of any requirement that a person is, or has been, entitled to income support for any period of time.]

(4) For the purposes of this Schedule, sub-paragraph (5) applies where a person is not entitled to income support by reason only that he has—

(a)capital exceeding [F78£16,000]; or

(b)income [F79equal to or] exceeding the applicable amount which applies in his case, or

(c)both capital exceeding [F80£16,000] and income exceeding the applicable amount which applies in his case.

(5) A person to whom sub-paragraph (4) applies shall be treated as entitled to income support throughout any period of not [F81more] than 39 weeks which comprises only days—

(a)on which he is entitled to unemployment benefit, [F82a contribution-based jobseeker’s allowance,] statutory sick pay [F83, incapacity benefit or contributory employment and support allowance] ; or

(b)on which he is, although not entitled to any of the benefits mentioned in head (a) above, entitled to be credited with earnings equal to the lower earnings limit for the time being in force in accordance with [F84regulation 8A or 8B] of the Social Security (Credits) Regulations 1975; or

(c)in respect of which the claimant is treated as being in receipt of income support.

[F85(5A) Subject to sub-paragraph (5B), a person to whom sub-paragraph (4) applies and who is either a person to whom [F86paragraph 4 or 5 of Schedule 1B (persons caring for another person) applies] or a lone parent shall, for the purposes of this Schedule, be treated as entitled to income support throughout any period of not more than 39 weeks following the refusal of a claim for income support made by or on behalf of that person.]

[F85(5B) Sub-paragraph (5A) shall not apply in relation to a person mentioned in that sub-paragraph who, during the period referred to in that sub-paragraph—

(a)is engaged in, or is treated as engaged in, remunerative work or whose partner is engaged in, or is treated as engaged in, remunerative work;

[F87(b)is a [F88full-time student], other than one who would qualify for income support under regulation 4ZA(3) (prescribed categories of person);]

(c)is temporarily absent from Great Britain, other than in the circumstances specified in regulation 4(2) and (3) (temporary absence from Great Britain).]

(6) In a case where—

(a)[F89sub-paragraphs (5) and (5A) apply] solely by virtue of sub-paragraph (4)(b); and

(b)the claimant’s income includes payments under a policy taken out to insure against the risk that the policy holder is unable to meet [F90any payment which qualifies under paragraph 17],

[F91sub-paragraphs (5) and (5A)] shall have effect as if for the words “throughout any period of not [F92more] than 39 weeks" there shall be substituted the words “throughout any period that payments are made in accordance with the terms of the policy".

F93(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) This sub-paragraph applies—

(a)to a person who claims income support, or in respect of whom income support is claimed, and who—

(i)received payments under a policy of insurance taken out to insure against loss of employment, and those payments are exhausted; and

(ii)had a previous award of income support where the applicable amount included an amount by way of housing costs; and

(b)where the period in respect of which the previous award of income support was payable ended not more than 26 weeks before the date the claim was made.

(9) Where sub-paragraph (8) applies, in determining—

F94(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for the purposes of paragraph 8(1) whether a claimant has been [F95entitled to] income support for a continuous period of 39 weeks or more,

any week falling between the date of the termination of the previous award and the date of the new claim shall be ignored.

[F96(10) In the case of a person who is a welfare to work beneficiary, the references in sub-paragraphs (1)(a)(ii), [F97(1)(c)(iv),] (1)(d) and (1)(f)(iii) to a period of 12 weeks shall be treated as references to a period of [F98104 weeks].]

[F99(11) For the purposes of sub-paragraph (1)(a)(ii), (1)(c)(iv), (1)(d) and (1)(f)(iii), the relevant period shall be—

(a)52 weeks in the case of a person to whom sub-paragraph (12) applies;

(b)subject to sub-paragraph (10), 12 weeks in any other case.

(12) This sub-paragraph applies, subject to sub-paragraph (13), in the case of a person who, on or after 9th April 2001, has ceased to be entitled to income support because he or his partner—

(a)has commenced employment as an employed earner or as a self-employed earner or has increased the hours in which he is engaged in such employment;

(b)is taking active steps to establish himself in employment as an employed earner or as a self-employed earner under any scheme for assisting persons to become so employed which is mentioned in regulation 19(1)(r)(i) to (iii) of the Jobseeker’s Allowance Regulations 1996; or

(c)is participating in—

(i)a New Deal option;

(ii)an employment zone programme; or

(iii)the self-employment route; [F100or

(iv)the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 F101...,]

and, as a consequence, he or his partner was engaged in remunerative work or had income [F102equal to or] in excess of the applicable amount as prescribed in Part IV.

(13) Sub-paragraph (12) shall only apply to the extent that immediately before the day on which the person ceased to be entitled to income support, his housing costs were being met in accordance with paragraph F103... 8(1)(a) or would have been so met but for any non-dependant deduction under paragraph 18.]

[F104(14) For the purpose of determining whether the linking rules set out in this paragraph apply in a case where a claimant’s former partner was entitled to state pension credit, any reference to income support in this Schedule shall be taken to include also a reference to state pension credit.]

[F105(15) For the purpose of determining whether the linking rules set out in this paragraph apply in a case where [F106a claimant, a claimant’s partner or] a claimant, a claimant’s partner or a claimant's former partner was entitled to income-related employment and support allowance, any reference to income support in this Schedule shall be taken to include also a reference to income-related employment and support allowance.]

Textual Amendments

F74Sch. 3 para. 14(3AA) 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. 2(d)(ix)(aa)

F78Word in Sch. 3 para. 14(4)(a) substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(7)

F79Words in Sch. 3 para. 14(4)(b) inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 3(6)(a)

F80Word in Sch. 3 para. 14(4)(c) substituted (with effect in accordance with reg. 1(6) of the amending S.I.) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2005 (S.I. 2005/2465), regs. 1(6)(a), 2(7)

F90Words in Sch. 3 para. 14(6)(b) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(ix)(bb)

F100Sch. 3 para. 14(12)(c)(iv) and word added (coming into force in accordance with reg. 1(2) of the amending S.I.) by The Social Security Amendment (New Deal) Regulations 2001 (S.I. 2001/1029), regs. 1(2), 14(b)(iv)

F102Words in Sch. 3 para. 14(12)(c) inserted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by The Social Security (Miscellaneous Amendments) Regulations 2011 (S.I. 2011/674), reg. 3(6)(a)

Modifications etc. (not altering text)

C14Sch. 3 para. 14(9) applied (with modifications) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(2), 5(d)(i) (with regs. 3, 7)

C15Sch. 3 para. 14(9) applied (with modifications) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(2), 5(d)(ii) (with regs. 3, 7)

Loans on residential propertyE+W+S

F10715.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Loans for repairs and improvements to the dwelling occupied as the homeE+W+S

F10716.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F108Housing costs] E+W+S

17.—(1) Subject to the deduction specified in sub-paragraph (2) and the reductions applicable in sub-paragraph (5), there shall be met under this paragraph the amounts, calculated on a weekly basis, in respect of the following housing costs—

(a)payments by way of rent or ground rent relating to a long tenancy F109...;

(b)service charges;

(c)payments by way of rent charge within the meaning of section 1 of the Rent charges Act 1977;

(d)payments under a co-ownership scheme;

(e)payments under or relating to a tenancy or licence of a Crown tenant;

(f)where the dwelling occupied as the home is a tent, payments in respect of the tent and the site on which it stands.

(2) Subject to sub-paragraph (3), the deductions to be made from the weekly amounts to be met under this paragraph are—

(a)where the costs are inclusive of any of the items mentioned in [F110paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations 2006] (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount;

(b)where the costs are inclusive of ineligible service charges within the meaning of [F111paragraph 1 of Schedule 1 to the Housing Benefit Regulations 2006] (ineligible service charges) the amounts attributable to those ineligible service charges or where that amount is not separated from or separately identified within the housing costs to be met under this paragraph, such part of the payments made in respect of those housing costs which are fairly attributable to the provision of those ineligible services having regard to the costs of comparable services;

(c)any amount for repairs and improvements, and for this purpose the expression “repairs and improvements" has [F112the meaning in sub-paragraph (6)].

(3) Where arrangements are made for the housing costs, which are met under this paragraph and which are normally paid for a period of 52 weeks, to be paid instead for a period of 53 weeks, or to be paid irregularly, or so that no such costs are payable or collected in certain periods, or so that the costs for different periods in the year are of different amounts, the weekly amount shall be the amount payable for the year divided by 52.

(4) Where the claimant or a member of his family—

(a)pays for reasonable repairs or redecorations to be carried out to the dwelling they occupy; and

(b)that work was not the responsibility of the claimant or any member of his family; and

(c)in consequence of that work being done, the costs which are normally met under this paragraph are waived, then those costs shall, for a period not exceeding 8 weeks, be treated as payable.

(5) Where in England and Wales an amount calculated on a weekly basis in respect of housing costs specified in sub-paragraph (1)(e) (Crown tenants) includes water charges, that amount shall be reduced—

(a)where the amount payable in respect of water charges is known, by that amount;

(b)in any other case, by the amount which would be the likely weekly water charge had the property not been occupied by a Crown tenant.

[F113(6) For the purposes of sub-paragraph (2)(c), “repairs and improvements” means any of the following measures undertaken with a view to maintaining the fitness of the dwelling for human habitation or, where the dwelling forms part of a building, any part of a building containing that dwelling—

(a)provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system;

(b)repairs to existing heating system;

(c)damp proof measures;

(d)provision of ventilation and natural lighting;

(e)provision of drainage facilities;

(f)provision of facilities for preparing and cooking food;

(g)provision of insulation of the dwelling occupied as the home;

(h)provision of electric lighting and sockets;

(i)provision of storage facilities for fuel or refuse;

(j)repairs of unsafe structural defects;

(k)adapting a dwelling for the special needs of a disabled person; or

(l)provision of separate sleeping accommodation for persons of different sexes aged 10 or over but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible.]

Textual Amendments

F108Words in Sch. 3 para. 17 heading substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(xi)(aa)

F112Words in Sch. 3 para. 17(2)(c) substituted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(xi)(bb)

F113Sch. 3 para. 17(6) inserted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(xi)(cc)

Non-dependant deductionsE+W+S

18.—(1) Subject to the following provisions of this paragraph, the following deductions from the amount to be met under the preceding paragraphs of this Schedule in respect of housing costs shall be made—

[F114(a)in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, [F115£98.30];

(b)in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, [F116£15.25];]

(2) In the case of a non-dependant aged 18 or over to whom sub-paragraph (1)(a) applies because he is in [F117remunerative] work, where the claimant satisfies the [F118Secretary of State] that the non-dependant’s gross weekly income is—

(a)less than [F119£139.00] the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);

(b)not less than [F120£139.00] but less than [F121£204.00] the deduction to be made under this paragraph shall be [F122£35.00];

(c)not less than [F123£204.00] but less than [F124£265.00] the deduction to be made under this paragraph shall be [F125£48.05];

[F126(d)not less than [F127£265.00] but less than [F128£354.00] the deduction to be made under this paragraph shall be [F129£78.65];

(e)not less than [F130£354.00] but less than [F131£439.00] the deduction to be made under this paragraph shall be [F132£89.55];]

[F133(2A) Where a non-dependant deduction is being made under the Loans for Mortgage Interest Regulations 2017, the amount of the deduction under sub-paragraph (1) or (2) is to be reduced by an amount equal to that non-dependant deduction.]

(3) Only one deduction shall be made under this paragraph in respect of a couple or, as the case may be, the members of a polygamous marriage, and where, but for this sub-paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other, member, the higher amount shall be deducted.

(4) In applying the provisions of sub-paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of sub-paragraph (2), to be couple’s or, as the case may be, all the members of the polygamous marriage’s, joint weekly income.

(5) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple of members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the housing costs in respect of the dwelling occupied as the home payable by each of them.

(6) No deduction shall be made in respect of any non-dependants occupying the dwelling occupied as the home of the claimant, if the claimant or any partner of his is—

(a)[F134severely sight impaired or blind or treated as severely sight impaired or blind] by virtue of paragraph 12 of Schedule 2 (additional condition for the higher pensioner and disability premiums); or

(b)receiving in respect of himself either—

(i)an attendance allowance; F135...

(ii)the care component of the disability living allowance[F136; F137...

(iii)the daily living component of personal independence payment][F138or

(iv)armed forces independence payment.]

(7) No deduction shall be made in respect of a non-dependant—

(a)if, although he resides with the claimant, it appears to the [F139Secretary of State] that the dwelling occupied as his home is normally elsewhere; or

(b)if he is in receipt of a training allowance paid in connection with [F140youth training] established under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or

(c)if he is a full-time student during a period of study or, if he is not in remunerative work, during a recognised summer vacation appropriate to his course; or

(d)if he is aged under 25 and in receipt of income support [F141or an income-based jobseeker’s allowance]; or

(e)in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under [F142 regulation 74 of the Housing Benefit Regulations 2006] (non-dependant deductions); or

(f)to whom, but for paragraph (2C) of regulation 3 (definition of non-dependant) paragraph (2B) of that regulation would apply; or

(g)if he is not residing with the claimant because he has been a patient for a period in excess of [F14352] weeks, or is a prisoner, and for these purposes—

(i)[F144“patient” has the meaning given in paragraph 3(13)(b) and “prisoner” has the meaning given in regulation 21(3); and

(ii)in calculating a period of 52 weeks as a patient, any two or more distinct periods separated by one or more intervals each not exceeding 28 days shall be treated as a single period; or]

[F145(h)if he is in receipt of state pension credit.]

[F146(i)he is aged less than 25 and is in receipt of [F147income-related] employment and support allowance [F148and is not a member of the work-related activity group or a member of the support group; or].]

[F149(j)if he is aged less than 25 and is entitled to an award of universal credit where the award is calculated on the basis that he does not have any earned income.]

(8) In the case of a non-dependant to whom sub-paragraph (2) applies because he is in [F150remunerative] work, there shall be disregarded from his gross income—

(a)any attendance allowance [F151, disability living allowance or personal independence payment] [F152or armed forces independence payment] received by him;

(b)any payment made under [F153or by] the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No.2) Trust, the Fund, the Eileen Trust [F154, MFET Limited][F155, the Skipton Fund, the Caxton Foundation] [F156, the Scottish Infected Blood Support Scheme] [F157, an approved blood scheme] [F158, the London Emergencies Trust, the We Love Manchester Emergency Fund] or the Independent Living [F159Fund (2006)] which, had his income fallen to be calculated under regulation 40 (calculation of income other than earnings), would have been disregarded under paragraph 21 of Schedule 9 (income in kind); and

(c)any payment which, had his income fallen to be calculated under regulation 40 would have been disregarded under paragraph 39 of Schedule 9 (payments made under certain trusts and certain other payments).

[F160(d)any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.]

[F161(9) For the purposes of sub-paragraph (7)(j), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.]

Textual Amendments

F115Sum in Sch. 3 para. 18(1)(a) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(a)

F116Sum in Sch. 3 para. 18(1)(b) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(b)

F119Sum in Sch. 3 para. 18(2)(a) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(c)

F120Sum in Sch. 3 para. 18(2)(b) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(d)(ii)

F121Sum in Sch. 3 para. 18(2)(b) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(d)(iii)

F122Sum in Sch. 3 para. 18(2)(b) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(d)(i)

F123Sum in Sch. 3 para. 18(2)(c) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(e)(ii)

F124Sum in Sch. 3 para. 18(2)(c) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(e)(iii)

F125Sum in Sch. 3 para. 18(2)(c) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(e)(i)

F127Sum in Sch. 3 para. 18(2)(d) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(f)(ii)

F128Sum in Sch. 3 para. 18(2)(d) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(f)(iii)

F129Sum in Sch. 3 para. 18(2)(d) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(f)(i)

F130Sum in Sch. 3 para. 18(2)(e) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(g)(ii)

F131Sum in Sch. 3 para. 18(2)(e) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(g)(iii)

F132Sum in Sch. 3 para. 18(2)(e) substituted (coming into force in accordance with art. 1(2)(g) of the amending S.I.) by The Social Security Benefits Up-rating Order 2018 (S.I. 2018/281), arts. 1(2)(g), 21(7)(g)(i)

F133Sch. 3 para. 18(2A) inserted (with effect in accordance with regs.19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 2(d)(xii)

F134Words in Sch. 3 para. 18(6)(a) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(2)(b)

F143Word in Sch. 3 para. 18(7)(g) substituted (coming into force in accordance with reg. 1(c) of the amending S.I.) by The Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1195), regs. 1(c), 3(4)

F144Sch. 3 para. 18(7)(g)(i)(ii) substituted (for specified purposes and with effect in accordance with reg. 1(c) of the amending S.I.) by The Social Security (Hospital In-Patients) Regulations 2005 (S.I. 2005/3360), reg. 4(4)

Rounding of fractionsE+W+S

19.  Where any calculation made under this Schedule results in a fraction of a penny, that fraction shall be treated as a penny.]

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