# The Social Security (Claims and Payments) Regulations 1987, Paragraph 3: Housing costs

Extent: E+W+S

(1) Subject to sub-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 or appropriate minimum guarantee, the Secretary of State may, if in his 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) Subject 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 ... 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–
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) for any housing item , the actual weekly cost necessary in respect of continuing needs for the relevant items,
and the Secretary of State may direct that, when the debt is discharged or is a moratorium debt, the amount determined under sub-paragraph (b) shall be the amount deductible.
(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 or appropriate minimum guarantee; and
(b) in accordance with ...paragraph 18 of Schedule 3 to the Income Support Regulations or, as the case may be, ... paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations or ... paragraph 14 of Schedule II to the State Pension Credit Regulations or ... 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—
Ahousing costs;
Bthe item of housing costs which falls to be paid to a third party under this Schedule;
Cthe 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 or 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.
(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.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/uksi/1987/1968/schedule/9/paragraph/3 (the official version)
Page: https://openlegislation.uk/social-security-claims-and-payments-regulations-1987/schedule-9/paragraph-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.