The Income Support (General) Regulations 1987

Other housing costs E+W+S

9.—(1) Subject to sub-paragraph (5), there shall be met under this paragraph the amounts, calculated on a weekly basis, in respect of the housing costs specified in paragraph 1 [F1 (c) to (i)] subject to the deductions specified in sub-paragraph (2).

(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 paragraph 5(2) to Schedule 1 of the Housing Benefit (General) Regulations 1987 F2 (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 paragraph 1 to Schedule 1 of the Housing Benefit (General) Regulations 1987 (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.

[F3 (c) where the costs are inclusive of any amount in respect of repairs or improvements within the meaning of paragraph 8(3), any amount attributable to those repairs and improvements.]

(3) Where arrangements are made for the housing costs mentioned in paragraph 1[F4 (c) to (i)], payable for a year, to be paid for 53 weeks, or irregularly, or so that no such costs are payable for 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 as compensation for work carried out by way of reasonable repairs or redecoration which are not normally the responsibility of the claimant or other member of his family, payment of the costs mentioned in paragraph 1[F4 (c) to (i)] are waived, they shall, for a period not exceeding eight weeks, be treated as payable.

[F5 (5) Where in England and Wales an amount calculated on a weekly basis in respect of housing costs specified in 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 charge had the property not been occupied by a Crown tenant.]

Textual Amendments

F1 Words in Sch. 3 para. 9(1) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 19(4)(a)

F2 S.I. 1987/1971.

F3 Sch. 3 para. 9(2)(c) inserted (1.10.1990) by The Income Support (General) Amendment No. 3 Regulations 1990 (S.I. 1990/1776), regs. 1(1)(a), 9(b) (with reg. 1(2))

F4 Words in Sch. 3 para. 9(3)(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Income-related Benefits Schemes (Miscellaneous Amendments) (No. 4) Regulations 1993 (S.I. 1993/2119), regs. 1(1)(a), 19(4)(b)

F5 Sch. 3 para. 9(5) substituted for Sch. 3 para. 9(5)(6) (with effect in accordance with reg. 1(2)(3) of the amending S.I.) by The Income Support (General) Amendment Regulations 1990 (S.I. 1990/547), regs. 1(1)(a), 18(c)

Commencement Information

I1 Sch. 3 para. 9 in force at 11.4.1988, see reg. 1