The Housing Benefit (General) Regulations 1987

Regulation 10

SCHEDULE 1 INELIGIBLE SERVICE CHARGES

PART I service charges other than for fuel

Ineligible service charges

1.  The following service charges shall not be eligible to be met by housing benefit–

(a) charges in respect of day-to-day living expenses including, in particular, all provision of–

(i) meals (including the preparation of meals or provision of unprepared food);

(ii) laundry (other than the provision of premises or equipment to enable a person to do his own laundry);

(iii) leisure items such as either sports facilities (except a children’s play area), or television rental and licence fees (except television and radio relay charges);

(iv) cleaning of rooms and windows (other than communal areas) except where neither the claimant nor any member of his household is able to clean them himself; and

(v) transport;

(b) charges in respect of–

(i) the acquisition of furniture or household equipment, and

(ii) the use of such furniture or equipment where that furniture or household equipment will become the property of the claimant by virtue of an agreement with the landlord;

(c) charges in respect of the provision of an emergency alarm system, except where such a system is provided in accommodation which is occupied by elderly, sick or disabled persons and such accommodation, apart from the alarm system, is either–

(i) specifically designed or adapted for such persons, or

(ii) otherwise particularly suitable for them, having regard to its size, heating system and other major features or facilities;

(d) charges in respect of medical expenses (including the cost of treatment or counselling related to mental disorder, mental handicap, physical disablement or past or present alcohol or drug dependence);

(e) charges in respect of the provision of nursing care or personal care (including assistance at meal-times or with personal appearance or hygiene);

(f) charges in respect of general counselling or other support services (whether or not provided by social work professionals) except those related to the provision of adequate accommodation or those provided by the landlord in person or someone employed by him who spends the majority of his time providing services for which the charges are not ineligible under the terms of this paragraph;

(g) charges in respect of any services not specified in sub-paragraphs (a) to (f) which are not connected with the provision of adequate accommodation.

Amount of ineligible charges

2.—(1) Where an ineligible service charge is not separated from or separately identified within other payments made by the occupier in respect of the dwelling, the appropriate authority shall apportion such charge as is fairly attributable to the provision of that service, having regard to the cost of comparable services and such portion of those payments shall be ineligible to be met by housing benefit.

(2) In any other case, the whole amount of the ineligible service charge shall be ineligible to be met by housing benefit.

Excessive service costs

3.  Where the appropriate authority considers that the amount of a service charge to which regulation 10(1)(e) (rent) applies is excessive in relation to the service provided for the claimant or his family, having regard to the cost of comparable services, it shall make a deduction from that charge of the excess and the amount so deducted shall be ineligible to be met by housing benefit.

PART II payments in respect of fuel charges

4.  A service charge for fuel except a charge in respect of services for communal areas shall be ineligible to be met by housing benefit.

5.—(1) Where a charge is ineligible to be met by housing benefit under paragraph 4–

(a) in the calculation of entitlement to a rent rebate; or

(b) in the calculation of entitlement to a rent allowance if the amount of the charge is specified or is otherwise readily identifiable (except where the amount of the charge is unrealistically low in relation to the fuel provided or the charge cannot readily be distinguished from a charge for a communal area),the amount ineligible to be met by housing benefit shall, subject to sub-paragraph (4), be the full amount of the service charge.

(2) In any other case, subject to sub-paragraph (3) and paragraph 6, the amount ineligible to be met by housing benefit shall be the following amounts in respect of each week–

(a) for heating (other than hot water)£6.70;

(b) for hot water£0.80;

(c) for lighting£0.50;

(d) for cooking£0.80.

(3) In a case to which sub-paragraph (2) applies, if a claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, the amount ineligible to be met by housing benefit under this paragraph shall be that estimated amount.

(4) (a) Except in a case to which sub-paragraph (5) applies and subject to the following provisions of this sub-paragraph and paragraph 6 in the case of a person on income support the amount ineligible to be met by housing benefit by virtue of sub-paragraph (1) shall not exceed by more than £1.50 (“the relevant amount”) the total amount that would have been ineligible to be met by housing benefit in respect of the service provided by virtue of sub-paragraph (2) had that sub-paragraph applied;

(b) the relevant amount referred to in sub-paragraph (a) shall be increased by £1.50 with effect from the benefit week which includes the first Monday in April in each year from 1989 to 1992 inclusive unless in any of those years any Order made by the Secretary of State under section 63 of the Act increases amounts specified in these Regulations for the purpose of calculating a claimant’s applicable amount with effect from a different week in which case the relevant amount in (a) above shall be so increased with effect from the benefit week in which that increase takes effect in any particular case;

(c) this sub-paragraph shall cease to apply and the amount ineligible to be met by housing benefit by virtue of sub-paragraph (1) shall be the full amount of the charge with effect from the benefit week which includes the first Monday in April 1993 unless the Order made by the Secretary of State under section 63 of the Act in that year increases amounts specified in these Regulations for the purpose of calculating a claimant’s applicable amount with effect from a different week in which case this sub-paragraph shall cease to apply with effect from the benefit week in which that increase takes effect in any particular case.

(5) This sub-paragraph applies to a person who is liable to pay a charge for fuel which varies in accordance with the amount of fuel actually used (whether by means of a variable charge or a system of refunds or credits or otherwise).

6.—(1) Where rent is payable other than weekly, any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall–

(a) where rent is payable in multiples of a week, be multiplied by the number equal to the number of weeks in respect of which it is payable; or

(b) in any other case, be divided by 7 and multiplied by the number of days in the period to be used by the appropriate authority for the purpose of calculating the claimant’s weekly eligible rent under regulation 69 (calculation of weekly amounts).

(2) In a case to which regulation 70 applies (rent or rate free periods), any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall, where appropriate, be converted in accordance with sub-paragraph (1) and shall–

(a) where rent is payable weekly, or in multiples of a week, be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent; or

(b) in any other case, be multiplied by 365 or 366, whichever is appropriate, and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

7.  In this Schedule–

“communal areas” mean areas (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation;

“fuel” includes gas and electricity and a reference to a charge for fuel includes a charge for fuel which includes an amount in respect of the facility of providing it other than a specified amount for the provision of a heating system.