The Jobseeker’s Allowance Regulations 1996

Existing housing costs

6.—(1) Subject to the provisions of this Schedule the existing housing costs to be met in any particular case are—

(a) where the claimant has been entitled to a jobseeker’s allowance for a continuous period of 26 weeks or more, the aggregate of—

(i) an amount determined in the manner set out in paragraph 9 by applying the standard rate to the eligible capital for the time being owing in connection with a loan which qualifies under paragraph 14 or 15; and

(ii) an amount equal to any payments which qualify under paragraph 16(1)(a) to (c);

(b) 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);

(c) in any other case, nil.

(2) For the purposes of sub-paragraph (1) [F1 and subject to sub-paragraph (3)], the eligible capital for the time being owing shall be determined on the date the existing housing costs are first met and thereafter on each anniversary of that date.

[F2 (3) Where a claimant or his partner ceases to be in receipt of or treated as being in receipt of income support[F3 , state pension credit or income-related employment and support allowance] and one of them becomes entitled to income-based jobseeker’s allowance in a case to which paragraph 1A applies, the eligible capital for the time being owing shall be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned the claimant or his partner was first entitled.]

[F4 (4) Where either member of a joint-claim couple ceases to be in receipt of or treated as being in receipt of income support [F5 or income-related employment and support allowance] and that couple then become entitled to a joint-claim jobseeker’s allowance in a case to which paragraph 1A(1A) applies, the eligible capital for the time being owing shall be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned either member of the couple was first entitled to.]

Textual Amendments

F1 Words in Sch. 2 para. 6(2) inserted (22.10.1997) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1997 (S.I. 1997/2305), regs. 1, 3(2)(b)

F2 Sch. 2 para. 6(3) added (22.10.1997) by The Social Security (Miscellaneous Amendments) (No. 4) Regulations 1997 (S.I. 1997/2305), regs. 1, 3(2)(c)

F3 Words in Sch. 2 para. 6(3) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(c)(i)

F4 Sch. 2 para. 6(4) added (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(5)

F5 Words in Sch. 2 para. 6(4) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 3(25)(c)(ii)

Modifications etc. (not altering text)

C1 Sch. 2 para. 6 applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 11(c) (with reg. 8)

C2 Sch. 2 para. 6(1) applied (with modifications) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(2), 6(b) (with regs. 3, 7)

C3 Sch. 2 para. 6(1)(b) sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(10), Sch. 19

C4 Sch. 2 para. 6(1)(c) sum confirmed (for specified purposes and with effect in accordance with art. 1(2)(k)(ii) of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(k)(ii), 24(10), Sch. 19