The Social Security (Miscellaneous Provisions) Amendment Regulations 1991

Insertion of paragraph 4A into Schedule 9 to the Claims and Payments Regulations

15.  After paragraph 4 of Schedule 9 to the Claims and Payments Regulations (miscellaneous accommodation costs) there shall be inserted the following paragraph—

“Hostel payments

4A.— (1) This paragraph applies to a beneficiary if—

(a) he has been awarded specified benefit; and

(b) he or his partner has claimed housing benefit in the form of a rent rebate or rent allowance; and

(c) he or his partner is resident in a hostel; and

(d) the charge for that hostel includes a payment, whether direct or indirect, for one or more of the following services—

(i) water;

(ii) a service charge for fuel;

(iii) meals;

(iv) laundry;

(v) cleaning (other than communal areas).

(2) Subject to sub-paragraph (3) below, where a beneficiary or his partner has been awarded specified benefit the adjudicating authority may determine that an amount of specified benefit shall be paid to the person or body to whom the charges referred to in sub-paragraph (1)(d) above are or would be payable.

(3) The amount of any payment to a third party under this paragraph shall be either—

(a) the aggregate of the amounts determined by a housing authority in accordance with the provisions specified in sub-paragraph (4); or

(b) if no amount has been determined under paragraph (a) of this subparagraph, an amount which the adjudicating authority estimates to be the amount which is likely to be so determined.

(4) The provisions referred to in sub-paragraph (3)(a) above are regulation 10(6) of, and paragraphs 1(a)(ii) and (iv), 1A and either 5(2) or 5(2A) or 5(3) of Schedule 1 to, the Housing Benefit Regulations(1).

(5) Sub-paragraph (2) above 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.

(6) Where an award of income support is calculated in accordance with regulation 73(1) of the Income Support Regulations(2) (calculation of income support for partweeks) the amount of any payment of income support to a third party determined under sub-paragraph (2) above shall be an amount calculated in accordance with sub-paragraph (3)(a) or (b) above divided by 7 and multiplied by the number of days in the part-week and no payment shall be made to a third party under this subparagraph where the Secretary of State certifies it would be impracticable to do so in that particular case.”.

(1)

S.I. 1987/1971. Relevant amending instruments are S.I. 1988/1444 and 1990/546.

(2)

Relevant amending instrument is S.I. 1988/663.