[F1 General provisions applying to new and existing housing costsE+W+S
11.—F2(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where on or after 2nd October 1995 a person enters into a new agreement in respect of a dwelling and an agreement entered into before 2nd October 1995 (“the earlier agreement") continues in force independently of the new agreement, then—
(a)the housing costs applicable to the new agreement shall be calculated by reference to the provisions of paragraph 8 (new housing costs);
(b)the housing costs applicable to the earlier agreement shall be calculated by reference to the provisions of paragraph 6 (existing housing costs);
and the resulting amounts shall be aggregated.
(3) [F3Sub-paragraph (2) does] not apply in the case of a claimant to whom paragraph 9 applies.
(4) Where for the time being a loan exceeds, or in a case where more than one loan is to be taken into account, the aggregate of those loans exceeds the appropriate amount specified in sub-paragraph (5), then the amount of the loan or, as the case may be, the aggregate amount of those loans, shall for the purposes of this Schedule, be the appropriate amount.
(5) Subject to the following provisions of this paragraph, the appropriate amount is £100,000.
(6) Where a person is treated under paragraph 3(6) (payments in respect of two dwellings) occupying two dwellings as his home, then the restrictions imposed by sub-paragraph (4) shall be applied separately to the loans for each dwelling.
(7) In a case to which paragraph 5 (apportionment of housing costs) applies, the appropriate amount for the purposes of sub-paragraph (4) shall be the lower of—
(a)a sum determined by applying the formula—
where—P = the relevant fraction for the purposes of paragraph 5, and
Q = the amount or, as the case may be, the aggregate amount for the time being of any loan or loans which qualify under this Schedule; or
(b)the sum for the time being specified in sub-paragraph (5).
(8) In a case to which paragraph 15(3) or 16(3) (loans which qualify in part only) applies, the appropriate amount for the purposes of sub-paragraph (4) shall be the lower of—
(a)a sum representing for the time being the part of the loan applied for the purposes specified in paragraph 15(1) or (as the case may be) paragraph 16(1); or
(b)the sum for the time being specified in sub-paragraph (5).
(9) In the case of any loan to which paragraph 16(2)(k) (loan taken out and used for the purpose of adapting a dwelling for the special needs of a disabled person) applies the whole of the loan, to the extent that it remains unpaid, shall be disregarded in determining whether the amount for the time being specified in sub-paragraph (5) is exceeded.
[F4(10) Where in any case the amount for the time being specified for the purposes of sub-paragraph (5) is exceeded and there are two or more loans to be taken into account under either or both paragraphs 15 and 16, then the amount of eligible interest in respect of each of those loans to the extent that the loans remain outstanding shall be determined as if each loan had been reduced to a sum equal to the qualifying portion of that loan.]
[F4(11) For the purposes of sub-paragraph (10), the qualifying portion of a loan shall be determined by applying the following formula—
where—
=
the amount for the time being specified for the purposes of sub-paragraph (4);
=
the amount of the outstanding loan to be taken into account;
=
the aggregate of all outstanding loans to be taken into account under paragraphs 15 and 16.]]
Textual Amendments
F1Sch. 3 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 1
F2Sch. 3 para. 11(1) omitted (12.12.1995) by virtue of The Social Security (Income Support, Claims and Payments and Adjudication) Amendment Regulations 1995 (S.I. 1995/2927), regs. 1(1), 5(8)(a)
F3Words in Sch. 3 para. 11(3) substituted (12.12.1995) by The Social Security (Income Support, Claims and Payments and Adjudication) Amendment Regulations 1995 (S.I. 1995/2927), regs. 1(1), 5(8)(b)
F4Sch. 3 para. 11(10)(11) inserted (12.12.1995) by The Social Security (Income Support, Claims and Payments and Adjudication) Amendment Regulations 1995 (S.I. 1995/2927), regs. 1(1), 5(8)(c)
Modifications etc. (not altering text)
C2Sch. 3 para. 11 applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 10(f)(i) (with reg. 8)
C3Sch. 3 para. 11(2)(3) applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 10(f)(ii) (with reg. 8)
C4Sch. 3 para. 11(5) 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(c) (with regs. 3, 7)
C5Sch. 3 para. 11(5) applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 10(f)(iii) (with reg. 8)
C6Sch. 3 para. 11(5): sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), arts. 1(2)(f), 14(1)(7), Sch. 4
C7Sch. 3 para. 11(7)(a): sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), arts. 1(2)(f), 14(1)(7), Sch. 4
C8Sch. 3 para. 11(11): sum confirmed (coming into force in accordance with art. 1(2)(f) of the amending S.I.) by The Social Security Benefits Up-rating Order 2014 (S.I. 2014/516), arts. 1(2)(f), 14(1)(7), Sch. 4