1.—(1) Subject to the following provisions of this Schedule, the housing costs applicable to a claimant are those costs—
(a)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
(b)which qualify under paragraphs 14 to 16.
(2) In this Schedule—
“housing costs" means those costs to which sub-paragraph (1) refers;
“existing housing costs" means housing costs arising under an agreement entered into before 2nd October 1995, or under an agreement entered into after 1st October 1995 (“the new agreement")—
(a)which replaces an existing agreement between the same parties in respect of the same property; and
(b)where the existing agreement was entered into before 2nd October 1995; and
(c)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;
“new housing costs" means housing costs arising under an agreement entered into after 1st October 1995 other than an agreement referred to in the definition of “existing housing costs";
“standard rate" means the rate for the time being specified in paragraph 11.
(3) For the purposes of this Schedule a disabled person is a person–
(a)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
(b)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
(c)who satisfies the requirements of paragraph 9 A of Schedule 2 to the Income Support [F1Regulations] F2 (pensioner premium for person aged 75 or over).
(4) For the purposes of sub-paragraph (3), a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section 171E of the Benefits Act F3 (incapacity for work, disqualification etc.).
Textual Amendments
F1Word in Sch. 2 para. 1(3)(c) substituted (7.10.1996) by The Jobseeker’s Allowance (Amendment) Regulations 1996 (S.I. 1996/1516), reg. 1(1), Sch. Pt. 2
F2Paragraph 9A was inserted by S.I. 1989/534.
F3Section 171E was inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1).