Textual Amendments
F1Sums in Sch. 1 Pt. 1 para. 2 substituted (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in force) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), arts. 1(3)(j), 24(4)
F2Sums in Sch. 1 Pt. 1 para. 2 substituted (1.4.2022 for specified purposes, 4.4.2022 in so far as not already in force) by The Social Security Benefits Up-rating Order 2022 (S.I. 2022/292), arts. 1(3)(j), 24(4)
Modifications etc. (not altering text)
C1Sch. 1 Pt. 1 para. 2: sum maintained (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in force) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), arts. 1(3)(j), 24(4)
3.—(1) Subject to paragraph 2 where an ineligible service charge is not separated from or separately identified within other payments made by the occupier in respect of the dwelling, the appropriate authority shall apportion such charge as is fairly attributable to the provision of that service, having regard to the cost of comparable services and such portion of those payments shall be ineligible to be met by housing benefit.
(2) Subject to paragraph 2, where the relevant authority considers that the amount of any ineligible service charge which is separately identified within other payments made by the occupier in respect of the dwelling is unreasonably low having regard to the service provided, it shall substitute a sum for the charge in question which it considers represents the value of the services concerned and the amount so substituted shall be ineligible to be met by housing benefit.
(3) In sub-paragraph (2) the expression “ineligible service charge” includes any service charge which does not qualify as a periodical payment under regulation 12(1)(e) (rent).
(4) In any other case, the whole amount of the ineligible service charge shall be ineligible to be met by housing benefit.