which he or, where he is a member of a family, he or any member of that family is, in accordance with paragraph 2, liable to meet in respect of the dwelling occupied as the home which he or any other member of his family is treated as occupying; and

which qualify under paragraphs 14 to 16.

where the existing agreement was entered into before 2nd October 1995; and

which is for a loan of the same amount as or less than the amount of the loan under the agreement it replaces, and for the purpose of determining the amount of the loan under the new agreement, any sum payable to arrange the new agreement and included in the loan shall be disregarded;

in respect of whom a disability premium, a disabled child premium, a pensioner premium where the claimant’s partner has attained the age of 75 or a higher pensioner premium is included in his applicable amount or the applicable amount of a person living with him; or

who, had he in fact been entitled to a jobseeker’s allowance or to income support, would have had included in his applicable amount a disability premium, a disabled child premium, a pensioner premium where the claimant’s partner has attained the age of 75 or a higher pensioner premium; or

who satisfies the requirements of paragraph 9 A of Schedule 2 to the Income Support F56RegulationsF1 (pensioner premium for person aged 75 or over)F137; F28...

who is disabled or severely disabled for the purposes of section 9(6) (maximum rate) of the Tax Credits Act 2002F128or

who is in receipt of an employment and support allowance which includes an amount under section 2(2) or (3) or 4(4) or (5) of the Welfare Reform Act (components).

the applicable amount for income support F86or income-related employment and support allowance included an amount in respect of housing costs under F37paragraphs 15 to 17 of Schedule 3 to the Income Support Regulations F33or paragraphs 16 to 18 of Schedule 6 to the Employment and Support Allowance Regulations; and

the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule II to the State Pension Credit Regulations 2002; and

the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the applicable amount for income support F86or income-related employment and support allowance included an amount in respect of housing costs under paragraph 15 or 16 of Schedule 3 to the Income Support Regulations F87or paragraphs 16 or 17 of schedule 6 to the Employment and Support Allowance Regulations; and

the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the appropriate minimum guarantee included an amount in respect of housing costs under paragraphs 11 to 13 of Schedule II to the State Pension Credit Regulations 2002; and

the circumstances affecting the calculation of those housing costs remain unchanged since the last calculation of those costs,

the liability falls upon him or his partner F143or, where that person is a member of a joint-claim couple, the other member of that couple, but not where the liability is to a member of the same household as the person on whom the liability falls;

because the person liable to meet the housing costs F58is not meeting them, the claimant has to meet those costs in order to continue to live in the dwelling occupied as the home and it is reasonable in all the circumstances to treat the claimant as liable to meet those costs;

where he has left and remains absent from the former dwelling occupied as the home through fear of violence in that dwelling or by a former member of his family and it is reasonable that housing costs should be met in respect of both his former dwelling and his present dwelling occupied as the home; or

in the case of a couple or a member of a polygamous marriage where a partner is a full-time student or is on a training course and it is unavoidable that he or they should occupy two separate dwellings and reasonable that housing costs should be met in respect of both dwellings; or

in the case where a person has moved into a new dwelling occupied as the home, except where sub-paragraph (5) applies, for a period not exceeding four benefit weeks F146from the first day of the benefit week in which the move occurs if his liability to make payments in respect of two dwellings is unavoidable.

a person has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and

he had claimed a jobseeker’s allowance before moving in and either that claim has not yet been determined or it has been determined but an amount has not been included under this Schedule and if the claim has been refused a further claim has been made within four weeks of the date on which the claimant moved into the new dwelling occupied as the home; and

for the purpose of ascertaining whether the accommodation suits his needs; and

with the intention of returning to the dwelling which he normally occupies as his home should, in the event, the residential accommodation prove not to suit his needs,

he intends to return to occupy the dwelling as his home; and

the part of the dwelling normally occupied by him has not been let or, as the case may be, sub-let to another person; and

the period of absence is unlikely to exceed 13 weeks.

he intends to return to occupy the dwelling as his home; and

while the part of the dwelling which is normally occupied by him has not been let or, as the case may be, sub-let; and

the period of his absence is unlikely to exceed a period of 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.

“medically approved" means certified by a registered medical practitioner;

“patient" means a person who is undergoing medical or other treatment as an in-patient in a hospital or similar institution;

“residential accommodation” means accommodation which is a care home, an Abbeyfield Home or an independent hospital;

“training course" means such a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, F23Skills Development Scotland, Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.

in respect of housing benefit expenditure; or

where F15a claimant is F29living in a care home, an Abbeyfield Home or an independent hospital except where he is living in such a home or hospital during a temporary absence from the dwelling he occupies as his home and in so far as they relate to temporary absences, the provisions of paragraph 3(8) to (12) apply to him during that absence.

after 7th October 1996, or

after 2nd May 1994 and the housing costs applicable to that loan were not met in income support by virtue of the former paragraph 5A of Schedule 3 to the Income Support Regulations F3 or paragraph 4(2)(a) of that Schedule in any one or more of the 26 weeks F124preceding 7th October 1996, or

is entitled to a jobseeker’s allowance, or

is living as a member of a family one of whom is entitled to a jobseeker’s allowance,

that personF62, his partner or, where that person is a member of a joint-claim couple, the other member of that couple was participating in an employment programme specified in regulation 75(1)(a)(ii)F127, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) F12...; and

in consequence of such participation that personF62, his partner or, where that person is a member of a joint-claim couple, the other member of that couple, was engaged in remunerative work or F54had income equal to or in excess of the amount of earnings calculated under regulation 56 or the applicable amount determined in accordance with regulations 83 to 86C, whichever applies.

any week in the period of 26 weeks ending on 7th October 1996 on which there arose an entitlement to income support shall be taken into account in determining when the relevant period commences; and

two or more periods of entitlement and any intervening linked periods shall together form a single relevant period.

for paying off an earlier loan, and that earlier loan qualified under paragraph 14 F152during the relevant period; or

to finance the purchase of a property where an earlier loan, which qualified under paragraphs 14 and 15 during the relevant period in respect of another property, is paid off (in whole or in part) with monies received from the sale of that property;

those costs shall be subject to any additional limitations imposed by the sub-paragraph; and

where F15a claimant satisfies the conditions in more than one of these sub-paragraphs, only one sub-paragraph shall apply in his case and the one that applies shall be the one most favourable to him F27or, as the case may be, to the joint-claim couple of which he is a member.

during the relevant period F15a claimant or a member of his family acquires an interest (“the relevant interest") in a dwelling which he then occupies or continues to occupy as his home; and

in the week preceding the week in which the relevant interest was acquired, housing benefit was payable to F15a claimant or a member of his family;

the loan commitment increased in consequence of the disposal of the dwelling occupied as the home and the acquisition of an alternative such dwelling; and

the change of dwelling was made solely by reason of the need to provide separate sleeping accommodation for F93persons of different sexes aged 10 or over F93but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible.

during the relevant period F15a claimant or a member of his family acquires an interest (“the relevant interest") in a dwelling which he then occupies as his home; and

in the week preceding the week in which the relevant interest was acquired, the applicable amount of F15a claimant or a member of his family included an amount determined by reference to paragraph 16 and did not include any amount specified in paragraph 14 or paragraph 15;

before 1st April 1990 for the purposes of section 48(5) of the General Rate Act 1967 F4 (reduction of rates on dwellings), it appeared to a rating authority or it was determined in pursuance of sub-section (6) of section 48 of that Act that the hereditament, including the dwelling occupied as the home, was a mixed hereditament and that only a proportion of the rateable value of the hereditament was attributable to use for the purpose of a private dwelling; or

in Scotland, before 1st April 1989 an assessor acting pursuant to section 45(1) of the Water (Scotland) Act 1980 F5 (provision as to valuation roll) has apportioned the net annual value of the premises including the dwelling occupied as the home between the part occupied as a dwelling and the remainder,

as respects England and Wales, any hereditament which is shown as a composite hereditament in a local non-domestic rating list;

as respects Scotland, any lands and heritages entered in the valuation roll which are part residential subjects within the meaning of section 26(1) of the Act of 1987;

where the claimant has been entitled to a jobseeker’s allowance for a continuous period of not less than 8 weeks but less than 26 weeks, an amount which is half the amount which would fall to be met by applying the provisions of sub-paragraph (a);

in any other case, nil.

in any other case, nil.

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

he was infected by the Human Immunodeficiency Virus,

the death of a partner; or

being abandoned by his partner,

the claimant or his partner F47or either member of a joint-claim coupleF35has attained the qualifying age for state pension credit;

where head (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 16(1)(d) to (f).

the housing costs applicable to the new agreement shall be calculated by reference to the provisions of paragraph 7 (new housing costs);

the housing costs applicable to the earlier agreement shall be calculated by reference to the F97provisions of paragraph 6 (existing housing costs);

a sum determined by applying the formula–

P×Q,

the sum for the time being specified in sub-paragraph (4).

a sum representing for the time being the part of the loan applied for the purposes specified in paragraph 14(1) or (as the case may be) paragraph 15(1); or

the sum for the time being specified in sub-paragraph (4).

for the purposes of sub-paragraph (2B) (in consequence of its first and any subsequent application), on the day after the reference day referred to in sub-paragraph (2C);

for the purpose of calculating the weekly amount of housing costs to be met under this Schedule, on the day specified by the Secretary of State.

the dwelling occupied as the home, excluding any part which is let, is larger than is required by the claimant and his family and any child or young person to whom regulation 78(4) applies (foster children) and any other non-dependants having regard, in particular, to suitable alternative accommodation occupied by a household of the same size; or

the immediate area in which the dwelling occupied as the home is located is more expensive than other areas in which suitable alternative accommodation exists; or

the outgoings of the dwelling occupied as the home which are met under paragraphs 14 to 16 are higher than the outgoings of suitable alternative accommodation in the area.

the availability of suitable accommodation and the level of housing costs in the area; and

the circumstances of the family including in particular the age and state of health of its members, the employment prospects of the claimant and, where a change in accommodation is likely to result in a change of school, the effect on the education of any child or young person who is a member of his family, or any child or young person who is not treated as part of his family by virtue of regulation 78(4) (foster children).

a jobseeker’s allowance was paid to a person, and

it was subsequently determined on appealF73, revision or supersession that he was not entitled to a jobseeker’s allowance for that period,

a person shall be treated as not being in receipt of a jobseeker’s allowance during any period other than a period to which (a)(ii) above applies in respect of which it is subsequently held on appealF59, revision or supersession that he was not so entitled;

where the claimant’s partner’s applicable amount was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 1 (applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks F79or, as the case may be, 52 weeks, of the claimant and his partner becoming one of a couple or polygamous marriage, the claimant shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

where the applicable amount of a member of a joint-claim couple was determined in accordance with paragraph 1(1) (single claimant) or paragraph 1(2) (lone parent) of Schedule 1 (applicable amounts) in respect of a past period, provided that the claim was made within twelve weeks of the joint-claimant becoming a member of the joint-claim couple, the joint-claim couple shall be treated as having been in receipt of a jobseeker’s allowance for the same period as that member of the joint-claim couple had been treated, for the purposes of this Schedule, as having been;

where the claimant is a member of a couple or a polygamous marriage and his partner was, in respect of a past period, in receipt of a jobseeker’s allowance for himself and the claimant, and the claimant has begun to receive a jobseeker’s allowance as a result of an election by the members of the couple or polygamous marriage, he shall be treated as having been in receipt of a jobseeker’s allowance for the same period as his partner had been or had been treated, for the purposes of this Schedule, as having been;

that claimant or his partner F112or, where a claimant is a member of a joint-claim couple, the other member of that couple was participating in an employment programme specified in regulation 75(1)(a)(ii) F51in the Intensive Activity Period specified in regulation 75(1)(a)(iv) F139...F151or in an employment zone programmeF144or in the Flexible New Deal, and

in consequence of such participation the claimant or his partner F112or, where a claimant is a member of a joint-claim couple, the other member of that couple was engaged in renumerative work or failed to satisfy the condition specified either in section 2(1)(c)F66, 3(1)(a) or 3A (1)(a),

or the purposes of paragraph 6(1) or 7(1); or

where a person has ceased to be in receipt of a jobseeker’s allowance for a period of F115104 weeks or less because he or his partner is a welfare to work beneficiary.

capital exceeding F61£16,000; or

income F98equal to or exceeding the applicable amount which applies in his case; or

a personal rate of contribution-based jobseeker’s allowance that is equal to, or exceeds, the applicable amount in his case; or

both capital exceeding F117£16,000 and income exceeding the applicable amount which applies in his case.

on which he is entitled to a contribution-based jobseeker’s allowance, statutory sick pay F125, incapacity benefit or contributory employment and support allowance; or

on which he is, although not entitled to any of the benefits mentioned in head (a) above, entitled to be credited with earnings equal to the lower earnings limit for the time being in force in accordance with F74regulation 8A or 8B of the Social Security (Credits) Regulations 1975.

is engaged in, or is treated as engaged in, remunerative work or whose partner is engaged in, or is treated as engaged in, remunerative work;

is treated as not available for employment by virtue of regulation F15515(1)(a) (circumstances in which students are not treated as available for employment);

is temporarily absent from Great Britain, other than in the circumstances specified in regulation 50 (temporary absence from Great Britain).

sub-paragraphs (6) and (7) apply solely by virtue of sub-paragraph (5)(b), and

the claimant’s income includes payments under a policy taken out to insure against the risk that the policy holder is unable to meet any loan or payment which qualifies under paragraphs 14 to 16,

where the period in respect of which the previous award of a jobseeker’s allowance was payable ended not more than 26 weeks before the date the claim was made.

for the purposes of paragraph 6(1) whether a person has been entitled to a jobseeker’s allowance for a continuous period of 26 weeks or more; or

for the purposes of paragraph 7(1) whether a claimant has been entitled to a jobseeker’s allowance for a continuous period of 39 weeks or more,

52 weeks in the case of a person to whom sub-paragraph (14) applies;

subject to sub-paragraph (12), 12 weeks in any other case.

has commenced employment as an employed earner or as a self-employed earner or has increased the hours in which he is engaged in such employment;

is taking active steps to establish himself in employment as an employed earner or as a self-employed earner under any scheme for assisting persons to become so employed which is mentioned in regulation 19(1)(r)(i) to (iii); or

acquiring an interest in the dwelling occupied as the home; or

paying off another loan to the extent that the other loan would have qualified under head (a) above had the loan not been paid off.

carrying out repairs and improvements to the dwelling occupied as the home;

paying any service charge imposed to meet the cost of repairs and improvements to the dwelling occupied as the home;

paying off another loan to the extent that the other loan would have qualified under head (a) or (b) of this sub-paragraph had the loan not been paid off,

provision of a fixed bath, shower, wash basin, sink or lavatory, and necessary associated plumbing, including the provision of hot water not connected to a central heating system;

repairs to existing heating system;

damp proof measures;

provision of ventilation and natural lighting;

provision of drainage facilities;

provision of facilities for preparing and cooking food;

provision of insulation of the dwelling occupied as the home;

provision of electric lighting and sockets;

provision of storage facilities for fuel or refuse;

repairs of unsafe structural defects;

adapting a dwelling for the special needs of a disabled person; or

provision of separate sleeping accommodation for F31persons of different sexes aged 10 or over F31but under the age of 20 who live with the claimant and for whom the claimant or the claimant’s partner is responsible.

payments by way of rent or ground rent relating to a long tenancyF50...;

service charges;

payments by way of the rentcharge within the meaning of section 1 of the Rentcharges Act 1977F8;

payments under a co-ownership scheme;

payments under or relating to a tenancy or licence of a Crown tenant;

where the dwelling occupied as the home is a tent, payments in respect of the tent and the site on which it stands.

where the costs are inclusive of any of the items mentioned in F130paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations 2006 (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;

where the costs are inclusive of ineligible service charges within the meaning of F153paragraph 1 of Schedule 1 to the Housing Benefit Regulations 2006 (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;

any amount for repairs and improvements, and for this purpose the expression “repairs and improvements" has the same meaning it has in paragraph 15(2).

pays for reasonable repairs or redecoration to be carried out to the dwelling they occupy; and

that work was not the responsibility of the claimant or any member of his family; and

in consequence of that work being done, the costs which are normally met under this paragraph are waived,

where the amount payable in respect of water charges is known , by that amount;

in any other case, by the amount which would be the likely weekly water charge had the property not been occupied by a Crown tenant.

in respect of a non-dependant aged 18 or over who is engaged in any remunerative work, F123£60.60;

in respect of a non-dependant aged 18 or over to whom paragraph (a) does not apply, F85£9.40.

less than F88£122.00, the deduction to be made under this paragraph shall be the deduction specified in sub-paragraph (1)(b);

not less than F109£122.00 but less than F109£180.00 the deduction to be made under this paragraph shall be F109£21.55;

not less than F77£180.00 but less than F77£234.00 the deduction to be made under this paragraph shall be F77£29.60.

not less than F43£234.00 but less than F43£310.00 deduction to be made under this paragraph shall be F43£48.45;

not less than F45£310.00 but less than F45£387.00 the deduction to be made under this paragraph shall be F45£55.20.

blind or treated as blind within the meaning of paragraph 14(1)(h) and (2) of Schedule 1 (additional condition for the higher pensioner and disability premiums); or

if, although he resides with the claimant, it appears to F131the Secretary of State that the dwelling occupied as his home is normally elsewhere; or

if he is in receipt of F136a training allowance paid in connection with F39youth training established under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or

if he is a full-time student during a period of study or, if he is not in remunerative work, during a recognised summer vacation appropriate to his course; or

if he is aged under 25 and in receipt of F82an income-based jobseeker’s allowance or income support; or

in respect of whom a deduction in the calculation of a rent rebate or allowance falls to be made under F42regulation 74 of the Housing Benefit Regulations 2006 (non-dependant deductions); or

to whom, but for paragraph (5) of regulation 2 (definition of non-dependant) paragraph (4) of that regulation would apply; or

if he is in receipt of state pension creditF129or

he is aged less than 25 and is in receipt of employment and support allowance which does not include an amount under section 4(4) or (5) of the Welfare Reform Act (components)

any attendance allowance or disability living allowance received by him;

any payment made under F13or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments)(No.2) Trust, the Fund, the Eileen TrustF94, MFET LimitedF63, the Skipton Fund, the Caxton Foundation or the Independent Living F46Fund (2006) which, had his income fallen to be calculated under regulation 103 (calculation of income other than earnings), would have been disregarded under paragraph 22 of Schedule 7 (income in kind); and

any payment which, had his income fallen to be calculated under regulation 103 would have been disregarded under paragraph 41 of Schedule 7 (payments made under certain trusts and certain other payments).

any housing costs which would, had the claimant been entitled to income support, have been existing housing costs and not new housing costs shall, notwithstanding the preceding provisions of this Schedule, be treated as existing housing costs, and any qualifications or limitations which would have applied to those costs had the award been an award of income support shall likewise apply to the costs in so far as they are met in jobseeker’s allowance;

had the award of a jobseeker’s allowance been an award of income support and the housing costs which would then have been met would have included an additional amount met in accordance with paragraph 7 of Schedule 3 to the Income Support Regulations (add back), an amount equal to that additional amount shall be added to the housing costs to be met under this Schedule, but that amount shall be subject to the same qualifications and limitations as it would have been had the award been of income support; and

for the purposes of any linking rule F113or for determining whether any qualifying or other period is satisfied, any reference to a jobseeker’s allowance in this Schedule shall be taken also to include a reference to income support F78or income-related employment and support allowance.