SCHEDULE 9E+W+SDEDUCTIONS FROM BENEFIT AND DIRECT PAYMENT TO THIRD PARTIES

[F1Hostel paymentsE+W+S

4A.—(1) This paragraph applies to a beneficiary if—

(a)[F2the beneficiary] has been awarded specified benefit; and

[F3(b)either the beneficiary or the beneficiary’s partner—

(i)is resident in a hostel and has claimed housing benefit in the form of a rent rebate or rent allowance; or

(ii)is resident in approved premises under section 13 of the Offender Management Act 2007; and]

F4(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the charge for [F5the hostel or approved premises, as the case may be,] includes a payment, whether direct or indirect, for one or more of the following services—

(i)water;

(ii)a service charge for fuel;

(iii)meals;

(iv)laundry;

(v)cleaning (other than communal areas).

(2) Subject to sub-paragraph (3) below, where a beneficiary F6... has been awarded specified benefit the [F7Secretary of State] may determine that an amount of specified benefit shall be paid to the person or body to whom the charges referred to in sub-paragraph (1)(d) above are or would be payable.

(3) The amount of any payment to a third party under this paragraph shall be either—

(a)the aggregate of the amounts determined by a housing authority in accordance with the provisions specified in sub-paragraph (4); or

(b)if no amount has been determined under paragraph (a) of this subparagraph, an amount which the [F8Secretary of State] estimates to be the amount which is likely to be so determined.

[F9(4) The provisions referred to in sub-paragraph (3)(a) above are [F10regulation 12B(5)] of, and paragraphs 1(a)(ii) and (iv), 2, 3, 4 and either 6(1)(b) or 6(2) or 6(3) or 6(4) of Schedule 1 to, the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations.]

F11(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) [F12Where—

(a)an award of income support is calculated in accordance with regulation 73(1) of the Income Support Regulations (calculation of income support for part-weeks); F13...

(b)an award of jobseeker’s allowance is calculated in accordance with regulation 150(1) of the Jobseeker’s Allowance Regulations (amount of a jobseeker’s allowance payable), [F14or]]

[F14(c)an award of employment and support allowance is calculated in accordance with regulation 165 of the Employment and Support Allowance Regulations (entitlement of less than a week etc.),]

the amount of any payment of income support or, as the case may be, jobseeker’s allowance [F15or employment and support allowance] payable to a third party determined under sub-paragraph (2) above shall be an amount calculated in accordance with sub-paragraph (3)(a) or (b) above divided by 7 and multiplied by the number of days in the part-week, and no payment shall be made to a third party under this sub-paragraph where the Secretary of State certifies that it would be impracticable to do so in that particular case.]

Textual Amendments

F10Words in Sch. 9 para. 4A(4) substituted (with application in accordance with reg. 1(3)-(5) of the amending S.I.) by The Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007 (S.I. 2007/2870), regs. 1(2), 2(a)