{
  "url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/schedule-6/paragraph-10",
  "json_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008/schedule-6/paragraph-10.json",
  "legislation": "uksi/2008/794",
  "legislation_title": "The Employment and Support Allowance Regulations 2008",
  "legislation_url": "https://openlegislation.uk/employment-and-support-allowance-regulations-2008",
  "path": "schedule/6/paragraph/10",
  "kind": "paragraph",
  "number": "10",
  "heading": "General exclusions from paragraphs 8 and 9 paragraph 9",
  "text": "(1) Paragraphs 8 and 9 Paragraph 9 will not apply where—\n(a) the claimant or the claimant’s partner has attained the qualifying age for state pension credit;\n(b) the housing costs are payments—\n(i) under a co-ownership agreement;\n(ii) under or relating to a tenancy or licence of a Crown tenant; or\n(iii) where the dwelling occupied as the home is a tent, in respect of the tent and the site on which it stands.\n(2) In a case falling within sub-paragraph (1), the housing costs to be met are—\n(a) where paragraph (a) of sub-paragraph (1) applies, an amount—\n(i) determined 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\n(ii) equal to the payments which qualify under paragraph 18;\n(b) where paragraph (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 18(1)(d) to (f).",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "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)"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "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)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "uksi/2026/1072",
      "affecting_title": "The Social Security (Income and Capital Disregards) (Amendment) Regulations 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/794/schedule/6/paragraph/10",
    "retrieved_at": "2026-11-06T03:37:55.280707+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}