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2.—(1) Where a charge for meals is ineligible to be met by housing benefit under paragraph 1, the amount ineligible in respect of each week shall be the amount specified in the following provisions of this paragraph.
(2) Subject to sub-paragraph (4), where the charge includes provision for at least three meals a day, the amount shall be—
(a)for a single claimant, [F1£22.95];
(b)if the claimant is a member of a family—
(i)for the claimant and for each member of his family aged 16 or over, [F1£22.95];
(ii)for each member of his family under age 16, [F1£11.60].
(3) Except where sub-paragraph (5) applies and subject to sub-paragraph (4), where the charge includes provision for less than three meals a day, the amount shall be—
(a)for a single claimant, [F1£15.25];
(b)if the claimant is a member of a family—
(i)for the claimant and for each member of his family aged 16 or over, [F1£15.25];
(ii)for each member of his family under age 16, [F1£7.65].
(4) For the purposes of sub-paragraphs (2)(b) and (3)(b), a person attains the age of 16 on the first Monday in September following his 16th birthday.
(5) Where the charge for meals includes the provision of breakfast only, the amount for the claimant and, if he is a member of a family, for the claimant and for each member of his family, shall be [F1£2.80].
(6) Where a charge for meals includes provision for meals for a person who is not a member of the claimant's family sub-paragraphs (2) to (5) shall apply as if that person were a member of the claimant's family.
(7) For the avoidance of doubt where the charge does not include provision for meals for a claimant or, as the case may be, a member of his family, sub-paragraphs (2) to (5) shall not apply in respect of that person.
Textual Amendments
F1Word in Sch. 1 para. 2 substituted (for specified purposes and with effect in accordance with art. 1(3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(i), 19(5)
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