The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995

Amendment of Schedule 3 to the Maintenance Assessments and Special Cases Regulations

47.—(1) Schedule 3 to the Maintenance Assessments and Special Cases Regulations (eligible housing costs) shall be amended in accordance with the following provisions of this regulation.

(2) After sub-paragraph (2) of paragraph 3, there shall be inserted the following sub-paragraph—

“(2A) Where an absent parent or as the case may be a parent with care has entered into a loan for repairs or improvements of a kind referred to in paragraph 1(d) and that parent makes periodical payments of an amount provided for in accordance with the terms of that loan to reduce the amount of that loan, the amount of those payments shall be eligible to be taken into account as housing costs of that parent.”.

(3) Paragraph 6 shall be amended as follows—

(i) for sub-paragraph (a) there shall be substituted the following sub-paragraph—

“(a) where the costs are inclusive of ineligible service charges within the meaning of paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (General) Regulations 1987(1) (ineligible service charges), the amounts specified as ineligible in paragraph 1A of that Schedule;”;

(ii) sub-paragraph (aa) shall be omitted;

(iii) in sub-paragraph (b) the word “and” shall be omitted;

(iv) after sub-paragraph (c) there shall be added the following—

“and

(d) where the costs are inclusive of charges, other than those which are not to be included by virtue of sub-paragraphs (a) to (c), that part of those charges which exceeds the greater of the following amounts—

(i) the total of the charges other than those which are ineligible service charges within the meaning of paragraph 1 of Schedule 1 to the Housing Benefit Regulations (housing costs);

(ii) 25 per centum of the total amount of eligible housing costs,

and for the purposes of this sub-paragraph, where the amount of those charges is not separately identifiable, that amount shall be such amount as is reasonably attributable to those charges.”.

(1)

S.I. 1987/1971.