7.—(1) For the purposes of this paragraph, “ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of [F1regulation 13A(2)] and Schedule 1 except, in the case of a tenancy where the rent includes payments for board and attendance, and the Executive considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1.
(2) When making a decision under paragraph 1, 2 or 3 of this Schedule, the Executive shall assume that the items to which the ineligible charges relate were not to be provided or made available.
Textual Amendments
F1Words in Sch. 2 para. 7(1) substituted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(13)(b)
Commencement Information
I1Sch. 2 para. 7 in operation at 20.11.2006, see reg. 1(1)