[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 under paragraphs 15 to 17.

(2) In this Schedule—

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

F2...

F2...

“standard rate" means the rate for the time being [F3determined in accordance with] paragraph 12.

(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)F4... 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 [F5; or

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

[F6(d)who–

(i)is in receipt of an employment and support allowance which includes an amount under section 2(2) or (3) or 4(4) or (5) of the Welfare Reform Act (components); or

(ii)would be entitled to an employment and support allowance including an amount of a work-related activity component under section 2(3) of that Act (amount of contributory allowance: work-related activity component), but for the application of section 1A of that Act (duration of contributory allowance)][F7; or

(e)who is entitled to an award of universal credit the calculation of which includes an amount under regulation 27(1) of the Universal Credit Regulations 2013 in respect of the fact that he has limited capability for work or limited capability for work and work-related activity, or would include such an amount but for regulation 27(4) or 29(4) of those Regulations.]

(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.) [F8or 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

Modifications etc. (not altering text)