General exclusions from [F1Paragraph 7]
8.—(1) [F2Paragraph 7] shall not apply where–
(a)the claimant or his partner [F3or either member of a joint-claim couple] [F4has attained the qualifying age for state pension credit];
(b)the housing costs are payments–
(i)under a co-ownership agreement;
(ii)under or relating to a tenancy or licence of a Crown tenant; or
(iii)where the dwelling occupied as the home is a tent, in respect of the tent and the site on which it stands.
(2) In a case falling within sub-paragraph (1), the housing costs to be met are–
(a)where head (a) of sub-paragraph (1) applies, an amount–
F5(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)equal to the payments which qualify under paragraph 16;
(b)where head (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 16(1)(d) to (f).
Textual Amendments
F1Words in Sch. 2 para. 8 heading substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(d)(ii) (with reg. 8)
F2Words in Sch. 2 para. 8(1) substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(d)(i) (with reg. 8)
F3Words in Sch. 2 para. 8(1)(a) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(7)
F4Words in Sch. 2 para. 8(1)(a) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 14(2)
F5Sch. 2 para. 8(2)(a)(i) omitted (with effect in accordance with regs. 19-21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 3(f)(ix)
Modifications etc. (not altering text)
C1Sch. 2 para. 8 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(e)(i) (with reg. 8)
C2Sch. 2 para. 8(1) 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(e)(ii) (with reg. 8)