PART ITreated as liable to make payments
Certain other persons liable to make payments
1.—(1) A claimant is to be treated as liable to make payments where the person who is liable to make the payments is—
(a)any child or qualifying young person for whom the claimant (or if the claimant is a member of a couple, either member) is responsible, or
(b)in the case of a claimant who is a member of a couple claiming as a single person, the other member of the couple.
(2) Sub-paragraph (1)(b) does not apply to a person who is claiming as a single person by virtue of regulation 3(3) (polygamous marriages).
Failure to pay by the person who is liable
2.—(1) A claimant is to be treated as liable to make payments where all the conditions specified in sub-paragraph (2) are met.
(2) These are the conditions—
(a)the person who is liable to make the payments is not doing so;
(b)the claimant has to make the payments in order to continue occupation of the accommodation;
(c)the claimant’s circumstances are such that it would be unreasonable to expect them to make other arrangements;
(d)it is otherwise reasonable in all the circumstances to treat the claimant as liable to make the payments.
(3) In determining what is reasonable for the purposes of sub-paragraph (2)(d) in the case of owner-occupier payments, regard may be had to the fact that continuing to make the payments may benefit the person with the liability to make the payments.
Payments waived in return for repair work
3. A claimant is to be treated as liable to make payments where—
(a)the liability to make payments is waived by the person (“P”) to whom the liability is owed, and
(b)the waiver of that liability is by way of reasonable compensation for reasonable repair or re-decoration works carried out by the claimant to the accommodation which P would otherwise have carried out or been required to carry out.
Rent free periods
4.—(1) Where the arrangements under which the claimant occupies the accommodation provide for rent free periods, the claimant is to be treated as liable to make rent payments and service charge payments in respect of accommodation for the whole of any rent free period.
(2) In sub-paragraph (1) “rent free period” has the meaning given in paragraph 6(5) of Schedule 4.