The Income Support (General) Amendment Regulations 1991

Amendment of Schedule 3 to the General Regulations

12.  In Schedule 3 to the General Regulations (housing costs) in paragraph 6—

(a) in sub-paragraph (1) for the word “Where—” there shall be substituted the words “Where the dwelling occupied as the home is a composite hereditament and—”;

(b) after sub-paragraph (1) there shall be inserted the following sub-paragraphs—

“(1A) Subject to sub-paragraph (1) and the following provisions of this paragraph, where the dwelling occupied as the home is a composite hereditament, the amount applicable under this Schedule shall be the relevant fraction of the amount which would otherwise be applicable under this Schedule in respect ofthe dwelling occupied as the home.

(1B) For the purposes of sub-paragraph (1A), the relevant fraction shall be obtained in accordance with the formula—

Where—

• “A” is the current market value of the claimant’s interest in that part of the composite hereditament which is domestic property within the meaning of section 66 of the Act of 1988;

• “B” is the current market value of the claimant’s interest in that part of the composite hereditament which is not domestic property within that section.

(1C) In this paragraph—

• “composite hereditament” means—

  (a)

  as respects England and Wales, any hereditament which is shown as a composite hereditament in a local non-domestic rating list;

  (b)

  as respects Scotland, any lands and heritages entered in the valuation roll which are part residential subjects within the meaning of section 26(1) of the Act of 1987;

• “local non-domestic rating list” means a list compiled and maintained under section 41(1) of the Act of 1988;

• “the Act of 1987” means the Abolition of Domestic Rates Etc. (Scotland) Act 1987(1);

• “the Act of 1988” means the Local Government Finance Act 1988(2).”;

(c) in paragraph 10(6) at the end there shall be added the words “or, as the case may be, no restriction shall be made under this paragraph on review during the six months from the date of the review nor during the next six months if and so long as the claimant so uses his best endeavours.”;

(d) in paragraph 11(7) in head (b) the words “and is not a person who lives in board and lodging accommodation” shall be omitted.

(1)

1987 c. 47.

(2)

1988 c. 41.