Paragraph 10 General exclusions from paragraphs 8 and 9 paragraph 9F4C1
England, Wales and Scotland
F1Paragraphs 8 and 9 Paragraph 9 will not apply where—
F2the claimant or the claimant’s partner has attained the qualifying age for state pension credit;
the housing costs are payments—
under a co-ownership agreement;
under or relating to a tenancy or licence of a Crown tenant; or
where the dwelling occupied as the home is a tent, in respect of the tent and the site on which it stands.
In a case falling within sub-paragraph (1), the housing costs to be met are—
where paragraph (a) of sub-paragraph (1) applies, an amount—
F3determined in the manner set out in paragraph 11 by applying the standard rate to the eligible capital for the time being owing in connection with a loan which qualifies under paragraph 16 or 17; and
equal to the payments which qualify under paragraph 18;
where paragraph (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 18(1)(d) to (f).
Annotations
Textual amendments
- F1
Words in Sch. 6 para. 10(1) substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 4(2)(d)(i) (with reg. 8)
- F2
Words in Sch. 6 para. 10(1)(a) substituted (28.6.2010) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2010 (S.I. 2010/840), regs. 1, 9(18)
- F3
Sch. 6 para. 10(2)(a)(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. 1(c)(vi)
- F4
Words in Sch. 6 para. 10 heading substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 4(2)(d)(ii) (with reg. 8)
Modifications
- C1
Sch. 6 para. 10 applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 9(d)(i) (with reg. 8)
- C2
Sch. 6 para. 10(1) applied (with modifications) (5.1.2009) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(3), 9(d)(ii) (with reg. 8)
Notes on the whole SI
Textual amendments
- F1
Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.
- F2
Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.
- F3
Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.
- F4
Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.
- F5
- F6
- F7
Notes on Schedule 6
Textual amendments
- F1
Word in Sch. 6 heading substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 16(a)