Paragraph 9 General exclusions from paragraph 8F1 F5 C1

England, Wales and Scotland

C2(1)

F2Paragraph 8 shall not apply where—

(F3a)

the claimant’s partner has attained the qualifying age for state pension credit;

(b)

the housing costs are payments—

(i)

under a co-ownership agreement;

(ii)

under or relating to a tenancy or licence of a Crown tenant; or

(iii)

where the dwelling occupied as the home is a tent, in respect of the tent and the site on which it stands.

(2)

In a case falling within sub-paragraph (1), the housing costs to be met are—

(a)

where head (a) of sub-paragraph (1) applies, an amount—

F4(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)

equal to the payments which qualify under paragraph 17;

(b)

where head (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 17(1)(d) to (f).

Annotations

F1: Sch. 3 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 1
F2: Words in Sch. 3 para. 9(1) substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 2(2)(e)(i) (with reg. 8)
F3: Sch. 3 para. 9(1)(a) substituted (6.10.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 29(6)(c)
F4: Sch. 3 para. 9(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. 2(d)(vii)
F5: Words in Sch. 3 para. 9 heading substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 2(2)(e)(ii) (with reg. 8)

C1: Sch. 3 para. 9 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), 10(d)(i) (with reg. 8)
C2: Sch. 3 para. 9(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), 10(d)(ii) (with reg. 8)

F1: 1986 c. 50; section 84(1) is an interpretation provision and is cited because of the meanings assigned to the words “prescribed” and “regulations”.
F2: 1975 c. 14; section 114 is applied by section 52(3)(b) of the Social Security Act 1986 (c. 50); section 166(3A) is inserted by section 62 of that Act and section 166(1) to (3A) is applied by section 83(1) of that Act.

C1: Sch. 3 applied (with modifications) (S.) (6.10.2003) by The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (S.S.I. 2003/460), reg. 1, sch. Pt. II Table B (with reg. 13)
C2: Sch. 3 applied (with modifications) (1.4.2015) by S.I. 2003/2382 (as amended by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 21(4)(b) (with art. 4))
C3: Sch. 3 applied (with modifications) (6.4.2016) by S.I. 2007/1104 (as amended (W.) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 91)