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Paragraph 10 Restriction on meeting housing costs under this Schedule

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to sub-paragraph (2), where—

(a)

the dwelling occupied as the home is occupied with security of tenure, that is to say—

(i)

under a protected or statutory tenancy for the purposes of the Rent (Northern Ireland) Order 1978f1 excluding any case in which the tenant has been given a notice to which any Case in Part II of Schedule 4 to that Order (cases in which Court must order possession) applies,

(ii)

under a secure tenancy for the purposes of Chapter II of Part II or the Housing (Northern Ireland) Order 1983f2 (security of tenure and rights of secure tenants);

(b)

the claimant or, if he is a member of a family, any member of the family acquires some other interest in the dwelling occupied as the home; and

(c)

in consequence of the acquisition the aggregate of any amounts which would, but for this paragraph, be applicable under paragraphs 7, 8 and 9 exceed the amount of the eligible rent for the purposes of regulation 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 (rent) immediately before the acquisition,

the aggregate amount so applicable shall initially be restricted to the amount of the eligible rent immediately before the acquisition and shall be increased subsequently only to the extent that this is necessary to take account of any increase, after the date of the acquisition, in expenditure on any housing costs.

(2)

Sub-paragraph (1)—

(a)

shall not apply where the claimant or the member of the family became liable to complete the acquisition at a time when income support was not payable in respect of him;

(b)

shall cease to apply if its application becomes inappropriate by reason of any major change in the circumstances of the family affecting their ability to meet expenditure on housing costs;

(c)

shall cease to apply where income support ceases to be payable in respect of the claimant or his family except that it shall re-apply wherever income support again becomes payable within a period of 8 weeks or less.

(3)

Where the amounts to be met under paragraphs 7 to 9 and, subject to any deduction applicable under paragraph 11, are excessive, they shall be subject to restriction in accordance with sub-paragraphs (4) to (6).

(4)

Subject to sub-paragraphs (5) and (6), the amounts to be met shall be regarded as excessive and shall be restricted and the excess not allowed, if and to the extent that—

(a)

the dwelling occupied as the home, excluding any part which is let or is normally occupied by persons in board and lodging accommodation, is larger than is required by the claimant and his family and any child or young person to whom regulation 16(4) (foster children) applies and any other non-dependants having regard, in particular, to suitable alternative accommodation occupied by a household of the same size;

(b)

the immediate area in which the dwelling occupied as the home is located is more expensive than other areas in which suitable alternative accommodation exists; or

(c)

the outgoings of the dwelling occupied as the home in respect of which the amounts to be met under paragraphs 7 to 9 are higher than the outgoings of suitable alternative accommodation in the area.

(5)

Where, having regard to the relevant factors, it is not reasonable to expect the claimant and his family to seek alternative cheaper accommodation no restrictions shall be made under this paragraph.

(6)

Where sub-paragraph (5) does not apply and the claimant (or other member of the family) was able to meet the financial commitments for the dwelling occupied as the home when these were entered into, no restriction shall be made under this paragraph during the first 6 months of any period of entitlement to income support nor during the next 6 months if and so long as the claimant uses his best endeavours to obtain cheaper accommodation.

(7)

In this paragraph “the relevant factors” are—

(a)

the availability of suitable accommodation and the level of housing costs in the area; and

(b)

the circumstances of the family including in particular the age and state of health of its members, the employment prospects of the claimant and, where a change in accommodation is likely to result in a change of school, the effect on the education of any child or young person who is a member of his family, or any child or young person who is not treated as part of his family by virtue of regulation 16(4) (foster children).

Annotations

Footnotes

f1

S.I. 1978/1050 (N.I. 20)

f2

S.I. 1983/1118 (N.I. 15)