The Social Security (Claims and Payments) Regulations 1987

Service charges for fuel, and rent not falling within paragraph 2(1)(a)

5.—(1) Subject to paragraph 8, this paragraph applies to a beneficiary if–

(a) he has been awarded the specified benefit; and

(b) he or his partner is entitled to housing benefit in the form of a rent rebate or rent allowance; and

(c) he or his partner has arrears of rent which equal or exceed four times the full weekly rent payable and–

(i) there are arrears of rent in respect of at least 8 weeks and the landlord has requested the Secretary of State to make payments in accordance with this paragraph; or

(ii) there are arrears of rent in respect of less than 8 weeks and in the opinion of the adjudicating authority it is in the overriding interests of the family that payments shall be made in accordance with this paragraph.

(2) For the purposes of sub-paragraph (1) arrears of rent do not include–

(a) the 20 per cent. of eligible rates excluded from a rent allowance under regulation 61 of the Housing Benefit Regulations (maximum housing benefit); or

(b) any amount which falls to be deducted when assessing a person’s rent rebate or rent allowance under regulation 63 of those Regulations (non-dependants).

(3) Subject to sub-paragraph (4), the adjudicating authority shall determine that a weekly amount of the specified benefit awarded to the beneficiary shall be paid to his or his partner’s landlord if–

(a) he or his partner is entitled to housing benefit and in calculating that benefit a deduction is made under regulation 10(3) of the Housing Benefit Regulations in respect of either or both of water charges or service charges for fuel; and

(b) the amount of the beneficiary’s award is not less than the amount of the deduction,

and the amount to be so paid shall be equal to the amount of the deduction.

(4) Sub-paragraph (3) shall not apply to a deduction in respect of a service charge for fuel if that charge is one such as is mentioned in paragraph 5(5) of Schedule 1 to the Housing Benefit Regulations (variable service charges for fuel) unless the adjudicating authority is satisfied on the evidence available at the date of the determination that the amount of the charge does not normally alter more than twice in any one year.

(5) Where the aggregate amount calculated in accordance with sub-paragraphs 5(3) and (6) exceeds a sum equal to 25 per cent. of the applicable amount for the family as is awarded under heads (a) to (d) of regulation 17 (applicable amounts) or heads (a) to (f) of regulation 18(1) (polygamous marriages) of the Income Support Regulations a determination under this paragraph shall be made only with the consent of the beneficiary.

(6) In a case to which sub-paragraph (1) applies the adjudicating authority may determine that a weekly amount of the specified benefit awarded to that beneficiary equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 (that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple) shall be paid to his landlord until the debt is discharged.