26.—(1) This regulation provides for the amount to be included in an award in respect of an assessment period in which the claimant meets all the conditions specified in regulation 25.
(2) Schedule 4 has effect in relation to any claimant where—
(a)the claimant meets all of those conditions; and
(b)the payments for which the claimant is liable are rent payments (whether or not service charge payments are also payable).
(3) Schedule 5 has effect in relation to any claimant where—
(a)the claimant meets all of those conditions; and
(b)the payments for which the claimant is liable are—
F1(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)service charge payments F2....
(4) Where both paragraphs (2) and (3) apply in relation to a claimant who occupies accommodation under a shared ownership tenancy—
(a)an amount is to be calculated under each of Schedules 4 and 5; and
(b)the amount of the claimant's housing cost element is the aggregate of those amounts.
(5) But where, in a case to which paragraph (4) applies, there is a liability for service charge payments, the amount in respect of those payments is to be calculated under Schedule 4.
(6) “” means—
(a)in England and Wales, a lease granted on payment of a premium calculated by reference to a percentage of the value of accommodation or the cost of providing it;
(b)in Scotland, an agreement by virtue of which the tenant of accommodation of which the tenant and landlord are joint owners is the tenant in respect of the landlord's interest in the accommodation or by virtue of which the tenant has the right to purchase the accommodation or the whole or part of the landlord's interest in it.
Textual Amendments
F1Reg. 26(3)(b)(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. 5(b)
F2Word in reg. 26(3)(b)(ii) 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. 5(c)