C1F1SCHEDULE 3 HOUSING COSTS
Sch. 3 applied (with modifications) (S.) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. II Table B (with reg. 13)
New housing costsC38
C6C5C41
Subject to the provisions of this Schedule, the new housing costs to be met in any particular case are—
a
where the claimant has been F2entitled to income support for a continuous period of 39 weeks or more, an amount—
i
determined in the manner set out in paragraph 10 by applying the standard rate to the eligible capital for the time being owing in connection with a loan which qualifies under paragraph 15 or 16; and
ii
equal to any payments which qualify under paragraph 17(1)(a) to (c);
C7b
in any other case, nil.
C4F31A
For the purposes of sub-paragraph (1) F5and subject to sub-paragraph (1B), the eligible capital for the time being owing shall be determined on the date the new housing costs are first met and thereafter on each anniversary of that date.
F61B
Where a claimant or his partner ceases to be in receipt of or treated as being in receipt of income-based jobseeker’s allowance F7, state pension credit or income-related employment and support allowance and one of them becomes entitled to income support in a case to which paragraph 1A applies, the eligible capital for the time being owing shall be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned the claimant or his partner was first entitled.
C22
This sub-paragraph applies to a claimant who at the time the claim is made—
F4a
is a person to whom paragraph 4 or 5 of Schedule 1B (persons caring for another person) applies;
b
is detained in custody pending trial or sentence upon conviction; or
c
has been refused payments under a policy of insurance on the ground that
i
the claim under the policy is the outcome of a pre-existing medical condition which, under the terms of the policy, does not give rise to any payment by the insurer; or
ii
he was infected by the Human Immunodeficiency Virus,
and the policy was taken out to insure against the risk of being unable to maintain repayments on a loan which is secured by a mortgage or a charge over land, or (in Scotland) by a heritable security.
C23
This sub-paragraph applies subject to sub-paragraph (5) where a person claims income support because of—
a
the death of a partner; or
b
being abandoned by his partner,
and where the person’s family includes a child.
C24
In the case of a claimant to whom sub-paragraph (2) or (3) applies, any new housing costs shall be met as though they were existing housing costs and paragraph 6 applied to them.
C25
Sub-paragraph (3) shall cease to apply to a person who subsequently becomes one of a couple.
Sch. 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