Paragraph 6 Ineligible service and fuel charges
Housing costs shall not include—
where the costs are inclusive of ineligible service charges within the meaning of paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), the amounts specified as ineligible in paragraph 2 of the appropriate Schedule 1;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
where the costs are inclusive of any of the items mentioned in paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 6(2) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (payment in respect of fuel charges), the deductions prescribed in that paragraph unless the parent provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount;
charges for water, sewerage or allied environmental services and where the amount of such charges is not separately identified, such part of the charges in question as is attributable to those services F3and
where the costs are inclusive of charges, other than those which are not to be included by virtue of sub-paragraphs (a) to (c), that part of those charges which exceeds the greater of the following amounts—
the total of the charges other than those which are ineligible service charges within the meaning of paragraph 1 of Schedule 1 to the Housing Benefit Regulations (housing costs);
25 per centum of the total amount of eligible housing costs,
and for the purposes of this sub-paragraph, where the amount of those charges is not separately identifiable, that amount shall be such amount as is reasonably attributable to those charges.
Annotations
Textual amendments
- F1
Sch. 3 para. 6(a)(b) 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. 4(5) (with regs. 2, 3, Sch. 3, Sch. 4)
- F2
Sch. 3 para. 6(aa) omitted (22.1.1996) by virtue of The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 47(3)(ii)
- F3
Sch. 3 para. 6(d) and word added (22.1.1996) by The Child Support (Miscellaneous Amendments) (No. 2) Regulations 1995 (S.I. 1995/3261), regs. 1(2), 47(3)(iv)
Notes on the whole SI
Textual amendments
- F1
Regulations revoked (coming into force in accordance with reg. 1(4) of the amending S.I.) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 2012 (S.I. 2012/2785), reg. 10(b)
- F2
regulations revoked (3.3.2003 for specified purposes) by The Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (S.I. 2001/155), reg. 15(1) (with reg. 15(2)-(4))