OpenLegislation

Paragraph 3 Housing costs

England, Wales and Scotland

(1)

Subject to F1sub-paragraphs (4) to (6) and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any item of housing costs which continues to be applicable to the beneficiary in the determination of his applicable amount F2or appropriate minimum guarantee, the F3Secretary of State may, if in F4his opinion it would be in the interests of the family to do so, determine that the amount of the award of the specified benefit (“the amount deductible”) calculated in accordance with the following sub-paragraphs shall be paid in accordance with sub-paragraph 2(3).

(2)

F5Subject to sub-paragraphs (2A) and (3), the amount deductible shall be such weekly aggregate of the following as is appropriate:–

(a)

in respect of any debt to which sub-paragraph (1) applies, or where the debt owed is in respect of an amount which includes more than one item of housing costs, a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 F6... for such period as it is necessary to discharge that debt, so however that in aggregate the weekly amount calculated under this sub-paragraph shall not exceed 3 times that 5 per cent.;

(b)

for each such debt–

F7(i)

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

(ii)

F8for any housing item , the actual weekly cost necessary in respect of continuing needs for the relevant items,

and the F9Secretary of State may direct that, when the debt is discharged F10or is a moratorium debt, the amount determined under sub-paragraph (b) shall be the amount deductible.

F11(2A)

Where a payment falls to be made to a third party in accordance with this Schedule, and—

(a)

more than one item of housing costs falls to be taken into account in determining the beneficiary’s applicable amount F12or appropriate minimum guarantee; and

(b)

in accordance with F13...F14paragraph 18 of Schedule 3 to the Income Support Regulations F15or, as the case may be, ... paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations F16or F17... paragraph 14 of Schedule II to the State Pension Credit Regulations F18or F19... paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations an amount is not allowed or a deduction falls to be made from the amount to be met by way of housing costs,

then in calculating the amount deductible, the weekly aggregate ascertained in accordance with sub-paragraph (2) shall be reduced by an amount determined by applying the formula—

C×BA

where—

A

  • housing costs;

    • B

  • the item of housing costs which falls to be paid to a third party under this Schedule;

    • C

  • the sum which is not allowed or falls to be deducted in accordance with ... paragraph 18 of Schedule 3 to the Income Support Regulations or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations or paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations F20or paragraph 6(10) or (13) or paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations.

    • (3)

    Where the aggregate amount calculated under sub-paragraph (2) is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made that aggregate amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.

    F21(4)

    Sub-paragraph (1) shall not apply to any debt which is for any item of housing costs and is less than half the annual amount due to be paid by the beneficiary or his partner in respect of that item, unless, in the opinion of the Secretary of State it is in the overriding interests of the family that paragraph (1) should apply.

    F22(5)

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

    (6)

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

    Annotations

    Textual amendments

    F1

    Words in Sch. 9 para. 3(1) substituted (25.5.1992 for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 5(2)(a)

    F2

    Words in Sch. 9 para. 3(1) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 14(1)(b)(i)

    F3

    Words in Sch. 9 para. 3(1) substituted (18.10.1999) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 12(a)

    F4

    Word in Sch. 9 para. 3(1) substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), reg. 3(1)(a), Sch. 6 para. 16(a) (with reg. 3(1)(b), Schs. 21-23)

    F5

    Words in Sch. 9 para. 3(2) substituted (25.5.1992 for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 5(2)(b)

    F6

    Words in Sch. 9 para. 3(2)(a) omitted (11.4.1988) by virtue of The Social Security (Claims and Payments) Amendment Regulations 1988 (S.I. 1988/522), regs. 1(1), 11(2)

    F7

    Sch. 9 para. 3(2)(b)(i) omitted by S.I. 2017/725, Sch. 5 para. 7(4)(b)(i) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19-21)

    F8

    Words in Sch. 9 para. 3(2)(b)(ii) substituted by S.I. 2017/725, Sch. 5 para. 7(4)(b)(ii) (as inserted) (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19-21)

    F9

    Words in Sch. 9 para. 3(2) substituted (18.10.1999 for specified purposes) by The Social Security Act 1998 (Commencement No. 11, and Savings and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/2860), reg. 3(1), Sch. 3 para. 12(a)

    F10

    Words in Sch. 9 para. 3(2) inserted (4.5.2021) by The Social Security (Claims and Payments) (Amendment) Regulations 2021 (S.I. 2021/456), regs. 1(1), 2(3)

    F11

    Sch. 9 para. 3(2A) inserted (25.5.1992 for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 5(2)(c)

    F12

    Words in Sch. 9 para. 3(2A)(a) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 14(1)(b)(i)

    F13

    Words in Sch. 9 para. 3(2A)(b) omitted by S.I. 2017/725, Sch. 5 para. 7(4)(b)(iii)(aa) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19-21)

    F14

    Words in Sch. 9 para. 3(2A) 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. 2 para. 3

    F15

    Words in Sch. 9 para. 3(2A) inserted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(26)(c)

    F16

    Words in Sch. 9 para. 3(2A) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 14(1)(b)(ii)

    F17

    Words in Sch. 9 para. 3(2A)(b) omitted by S.I. 2017/725, Sch. 5 para. 7(4)(b)(iii)(bb) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19-21)

    F18

    Words in Sch. 9 para. 3(2A)(b) inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(3)(a)

    F19

    Words in Sch. 9 para. 3(2A)(b) omitted by S.I. 2017/725, Sch. 5 para. 7(4)(b)(iii)(cc) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19-21)

    F20

    Words in Sch. 9 para. 3(2A) added (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 26(3)(b)

    F21

    Sch. 9 para. 3(4) substituted (6.4.2018) by The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19-21)

    F22

    Sch. 9 para. 3(5)(6) omitted by S.I. 2017/725, Sch. 5 para. 7(4)(b)(v) (as inserted) (6.4.2018) by virtue of The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018 (S.I. 2018/307), regs. 1(2), 2(18)(e) (with regs. 19-21)

    Notes on the whole SI

    Textual amendments

    F1

    Words in Instrument substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), Sch. 6 para. 1 (with reg. 3(1)(b), Schs. 21-23)