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Paragraph 12 Excessive Housing CostsI1

Northern Ireland Not yet in force

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

(1)

Housing costs which, apart from this paragraph, fall to be met under this Schedule shall be met only to the extent specified in sub-paragraph (3) where—

(a)

the dwelling occupied as the home, excluding any part which is let, is larger than is required by the claimant and his family and any child or young person to whom regulation 78(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 which are met under paragraphs 14 to 16 are higher than the outgoings of suitable alternative accommodation in the area.

(2)

For the purposes of sub-paragraph (1), no regard shall be had to the capital value of the dwelling occupied as the home.

(3)

Subject to sub-paragraphs (4) to (9), the amount of the loan which falls to be met shall be restricted and the excess over the amounts which the claimant would need to obtain suitable alternative accommodation shall not be allowed.

(4)

Where, having regard to the relevant factors, it is not reasonable to expect the claimant and his family to seek alternative cheaper accommodation, no restriction shall be made under sub-paragraph (3).

(5)

In sub-paragraph (4) “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 78(4).

(6)

Where sub-paragraph (4) 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 26 weeks of any period of entitlement to a jobseeker’s allowance nor during the next 26 weeks if and so long as the claimant uses his best endeavours to obtain cheaper accommodation or, as the case may be, no restriction shall be made under this paragraph on review during the 26 weeks from and including the date of the review nor during the next 26 weeks if and so long as the claimant uses his best endeavours.

(7)

For the purposes of calculating any period of 26 weeks referred to in sub-paragraph (6), and for those purposes only, a person shall be treated as entitled to a jobseeker’s allowance for any period of 12 weeks or less in respect of which he was not in receipt of a jobseeker’s allowance and which fell immediately between periods in respect of which he was in receipt thereof.

(8)

Any period in respect of which—

(a)

a jobseeker’s allowance was paid to a person, and

(b)

it was subsequently determined on appeal or review that he was not entitled to a jobseeker’s allowance for that period,

shall be treated for the purposes of sub-paragraph (7) as a period in respect of which he was not in receipt of a jobseeker’s allowance.

(9)

Paragraph 13(1)(c) to (f) (linking rule) shall apply to sub-paragraph (7) as it applies to paragraphs 6 and 7 (existing and new housing costs) but with the modification that the words “Subject to sub-paragraph (2)” are omitted and as if references to “the claimant” were references to the person mentioned in sub-paragraph (7).

Annotations

Commencement

I1

Sch. 2 para. 12 in operation at 7.10.1996, see reg. 1(1)