6.—(1) Where a charge is ineligible to be met by housing benefit under paragraph 5—E+W+S
(a)in the calculation of entitlement to a rent rebate; or
(b)in the calculation of entitlement to a rent allowance if the amount of the charge is specified or is otherwise readily identifiable (except where the amount of the charge is unrealistically low in relation to the fuel provided or the charge cannot readily be distinguished from a charge for a communal area),
the amount ineligible to be met by housing benefit shall be the full amount of the service charge.
(2) In any other case, subject to sub-paragraphs (3) and (4) and paragraph 7, the amount ineligible to be met by housing benefit shall be the following amounts in respect of each week—
(a)for heating (other than hot water) [F1£21.55];
(b)for hot water [F2£2.50];
(c)for lighting [F3£1.75] ;
(d)for cooking [F4£2.50].
(3) Where the accommodation occupied by the claimant or, if he is a member of a family, by the claimant and the members of his family, consists of one room only, the amount ineligible to be met by housing benefit in respect of each week where heating only is, or heating and either hot water or lighting (or both) are, provided, shall be one-half of the aggregate of the amounts specified in sub-paragraphs (2)(a), (b) and (c).
(4) In a case to which sub-paragraph (2) or (3) applies, if a claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, the amount ineligible to be met by housing benefit under this paragraph shall be that estimated amount.
Textual Amendments
F1Word in Sch. 1 para. 6(2)(a) substituted (for specified purposes and with effect in accordance with art. 1(3)(a) 6 of the amending S.I., in force in so far as not already in force 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(6)(a)
F2Word in Sch. 1 para. 6(2)(b) substituted (for specified purposes and with effect in accordance with art. 1(3)(a) 6 of the amending S.I., in force in so far as not already in force 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(6)(b)
F3Word in Sch. 1 para. 6(2)(c) substituted (for specified purposes and with effect in accordance with art. 1(3)(a) 6 of the amending S.I., in force in so far as not already in force 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(6)(c)
F4Word in Sch. 1 para. 6(2)(d) substituted (for specified purposes and with effect in accordance with art. 1(3)(a) 6 of the amending S.I., in force in so far as not already in force 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(6)(b)
Modifications etc. (not altering text)
C1Sch. 1 para. 6(2)(a) sum confirmed (1.4.2010 for specified purposes) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(j), 19(5)(a)
C2Sch. 1 para. 6(2)(b) sum confirmed (1.4.2010 for specified purposes) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(j), 19(5)(b)
C3Sch. 1 para. 6(2)(c) sum confirmed (1.4.2010 for specified purposes) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(j), 19(5)(c)
C4Sch. 1 para. 6(2)(d) sum confirmed (1.4.2010 for specified purposes) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(j), 19(5)(b)