Article 3(1)(b)
7.—[F1(1) [F2For the purposes of this paragraph–
(a)[F3“ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 12(3) (rent) of and Schedule 1 (ineligible service charges) to the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations except in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals).]
F4(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the 1987 Regulations (charges for meals)F5...
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F2”ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 12B(2) (rent) of and Schedule 1 (ineligible service charges) to the Housing Benefit Regulations or, as the case may be, regulation 12B(2) of and Schedule 1 to the Housing Benefit (State Pension Credit) Regulations except in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals).]
(2) When making a determination under paragraph 1, 2, or 3 of this Schedule, the rent officer shall assume that–
(a)the items to which the ineligible charges relate; F6...
F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
were not provided or made available.
(3) [F7For the purposes of paragraphs 1, 2, 3 and 6 of this Schedule, the rent officer shall assume that the rent payable under the tenancy at the relevant time is–
(a)where an amount is notified to the rent officer under [F8regulation 14(9)(b) of the Housing Benefit Regulations or, as the case may be, regulation 14(8)(b) of the Housing Benefit (State Pension Credit) Regulations] in respect of that tenancy, that notified amount less the total of any ineligible charges included in that amount; or
(b)in any other case, the amount stated under [F914(2) of the Housing Benefit Regulations or, as the case may be, regulation 14(2) of the Housing Benefit (State Pension Credit) Regulations] less the total of any ineligible charges included in that stated amount.]
[F7For the purposes of paragraphs 1, 2, 3, and 6 of Part 1 of this Schedule, the rent officer shall assume that the rent payable under the tenancy at the relevant time is—
(a)where an amount is notified to the rent officer under regulation 114A(4)(b) of the Housing Benefit Regulations or, as the case may be, regulations 95A(4)(b) of the Housing Benefit (State Pension Credit) Regulations in respect of that tenancy, that notified amount less the total of any ineligible charges included in that amount; or
(b)in any other case, the total amount stated under regulation 114A(3)(d) of the Housing Benefit Regulations or, as the case may be regulation 95A(3)(d) of the Housing Benefit (State Pension Credit) Regulations less the total of any ineligible charges included in that stated amount.]
(4) The total of any ineligible charges, referred to in sub-paragraph (3), shall be the total of the amounts (excluding any amount which he considers is negligible) of any charges included in the notified amount or the stated amount, as the case may be which, in the rent officer’s opinion, are at the relevant time fairly attributable to any items to which ineligible charges relate.]
Textual Amendments
F1Sch. 1 para. 7 substituted (3.4.2000) by The Rent Officers (Housing Benefit Functions) (Scotland) Amendment Order 2000 (S.I. 2000/3), arts. 1(1), 12 (with art. 16)
F2Sch. 1 para. 7(1) substituted (7.4.2008) by The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 17(2) (with arts. 2, 11, 17(1))
F3Words in Sch. 1 para. 7(1) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 12(10)(b)(i) (with regs. 2, 3, Sch. 3, Sch. 4)
F4Sch. 1 para. 7(1)(a)(i) omitted (1.4.2003 for specified purposes, 7.4.2003 for specified purposes) by virtue of The Rent Officers (Housing Benefit Functions) Amendment Order 2003 (S.I. 2003/478), arts. 1(1), 3(3)(a)(i)
F5Sch. 1 para. 7(1)(b) and word omitted (1.4.2003 for specified purposes, 7.4.2003 for specified purposes) by virtue of The Rent Officers (Housing Benefit Functions) Amendment Order 2003 (S.I. 2003/478), arts. 1(1), 3(3)(a)(ii)
F6Sch. 1 para. 7(2)(b) and word omitted (1.4.2003 for specified purposes, 7.4.2003 for specified purposes) by virtue of The Rent Officers (Housing Benefit Functions) Amendment Order 2003 (S.I. 2003/478), arts. 1(1), 3(3)(b)
F7Sch. 1 para. 7(3) substituted (7.4.2008) by The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 16(4) (with arts. 2, 11, 16(1))
F8Words in Sch. 1 para. 7(3) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 12(10)(b)(ii)(aa) (with regs. 2, 3, Sch. 3, Sch. 4)
F9Words in Sch. 1 para. 7(3) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 12(10)(b)(ii), (bb) (with regs. 2, 3, Sch. 3, Sch. 4)
8.—(1) In a case where the local authority states in the application that the landlord is a housing association or a charity, the rent officer shall assume that the landlord is not such a body.
(2) The rent officer shall not take into account the rent under any tenancy where the landlord is a housing association or where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes.
(3) In this paragraph–
“charity" has the same meaning as in the Charities Act 1993 M1, except that it includes a Scottish charity (which has the same meaning as in section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 M2); and
“housing association" has the same meaning as in the Housing Associations Act 1985 M3.