Paragraph 8 General exclusions from Paragraph 7F5 C1

C2(1)

F1Paragraph 7 shall not apply where–

(a)

the claimant or his partner F2or either member of a joint-claim couple F3has 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 16;

(b)

where head (b) of sub-paragraph (1) applies, an amount equal to the payments which qualify under paragraph 16(1)(d) to (f).

Annotations

F1: Words in Sch. 2 para. 8(1) substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(d)(i) (with reg. 8)
F2: Words in Sch. 2 para. 8(1)(a) inserted (19.3.2001) by The Jobseeker’s Allowance (Joint Claims) Regulations 2000 (S.I. 2000/1978), reg. 1(1), Sch. 2 para. 54(7)
F3: Words in Sch. 2 para. 8(1)(a) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations 2009 (S.I. 2009/1488), regs. 1, 14(2)
F4: Sch. 2 para. 8(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. 3(f)(ix)
F5: Words in Sch. 2 para. 8 heading substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 3(2)(d)(ii) (with reg. 8)

C1: Sch. 2 para. 8 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), 11(e)(i) (with reg. 8)
C2: Sch. 2 para. 8(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), 11(e)(ii) (with reg. 8)

F1: 1995 c.18.
F2: Section 35(1) is an interpretation provision: it is cited because it contains powers exercised in these Regulations in the definitions of “employment", “jobseeker's period", “pensionable age", “pensionable payments", “training" and “work" and because of the meaning assigned to the words “prescribed" and “regulations".
F3: 1992 c.5; section 191 is an interpretation provision and it is cited because of the meaning ascribed to the word “prescribed".
F4: 1992 c.4; sections 171D and 171G(2) were inserted by the Social Security (Incapacity for Work) Act 1994 (c.18), section 6(1) and have effect for the purposes of the Jobseekers Act 1995 by virtue of paragraph 2 of Schedule 1 to that Act. Section 171G(2) is an interpretation provision and is cited because of the meaning ascribed to the word “prescribed".
F5: See section 173(5)(b) of the Social Security Administration Act 1992 (c.5).

C1: Sch. 2 para. 4A applied (with modifications) (for specified purposes and with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations 2008 (S.I. 2008/3195), regs. 1(2), 6(a) (with regs. 3, 7)
C2: Sch. 2 para. 4A 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), 11(b) (with reg. 8)