OpenLegislation

Regulation 3 Amendment of Schedule 1 to the Housing Benefit Regulations

Original text. Later amendments are not shown.

(1)

Schedule 1 to the Housing Benefit Regulations (ineligible service charges) shall be amended in accordance with the following provisions of this regulation.

(2)

In paragraph 1—

(a)

in sub-paragraph (a)(iv), for the words from “(other than” to “them himself;”f1 there shall be substituted

“except cleaning of—

(aa)

communal areas; or

(bb)

the exterior of any windows where neither the claimant nor any member of his household is able to clean them himself,

where a qualifying payment is not made in respect of such cleaning;”;

(b)

in sub-paragraph (c), the words from “, except where such a system”f2 to the end of the sub-paragraph shall be omitted; and

(c)

in sub-paragraph (f)f3, the words from “, except where those services” to the end of the sub-paragraph shall be omitted.

(3)

In paragraph 7—

(a)

after the definition of “fuel” there shall be inserted—

  • ““qualifying payment” means any payment made by a local authority to the claimant or his partner, or to another person on their behalf, relating to—

    1. (a)

      welfare services in respect of which the Secretary of State has paid a grant to the local authority under section 93(1) of the Local Government Act 2000f4 (grants for welfare services);

    2. (b)

      welfare services in respect of which the National Assembly for Wales has paid a grant to the local authority under section 93(2) of the Local Government Act 2000; or

    3. (c)

      housing support services in respect of which Scottish Ministers have paid a grant to the local authority under section 91(1) of the Housing (Scotland) Act 2001f5 (grants for housing support services);

    and for these purposes, “local authority” shall include, in relation to England, a county council.”; and

(b)

the definition of “supported accommodation”f6 is omitted.

Annotations

Footnotes

f1

These words were substituted by S.I. 1999/2734 and will revive on 1st or 7th April 2003 by virtue of regulation 13 of that S.I.

f2

These words were substituted by S.I. 1999/2734 and will revive on 1st or 7th April 2003 by virtue of regulation 13 of that S.I.

f3

Paragraph 1(f) was amended by S.I. 1994/1003.

f4

2000 c. 22.

f5

2001 asp 10.

f6

The definition of “supported accommodation” was inserted by S.I. 1997/1974 and was amended by S.I. 1999/2734 and 2000/681.