3.—(1) Subject to paragraph 2 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 Executive 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) Subject to paragraph 2, where the Executive considers that the amount of any ineligible service charge which is separately identified within other payments made by the occupier in respect of the dwelling is unreasonably low having regard to the service provided, it shall substitute a sum for the charge in question which it considers represents the value of the services concerned and the amount so substituted shall be ineligible to be met by housing benefit.
(3) In sub-paragraph (2) “ineligible service charge” includes any service charge which does not qualify as a periodical payment under regulation 13(1)(e).
(4) In any other case, the whole amount of the ineligible service charge shall be ineligible to be met by housing benefit.
Commencement Information
I1Sch. 1 para. 3 in operation at 20.11.2006, see reg. 1(1)