The Social Security (Claims and Payments) Regulations 1987

Housing costs

3.—(1) Subject to sub-paragraph (4) and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any item of housing costs which continues to be applicable to the beneficiary in the determination of his applicable amount, the adjudicating authority may, if in its opinion it would be in the interests of the family to do so, determine that the amount of the award of the specified benefit (“the amount deductible”) calculated in accordance with the following sub-paragraphs shall be paid in accordance with sub-paragraph 2(3).

(2) Subject to sub-paragraph (3), the amount deductible shall be such weekly aggregate of the following as is appropriate:–

(a) in respect of any debt to which sub-paragraph (1) applies, or where the debt owed is in respect of an amount which includes more than one item of housing costs, a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 (that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple) for such period as it is necessary to discharge that debt, so however that in aggregate the weekly amount calculated under this sub-paragraph shall not exceed 3 times that 5 per cent.;

(b) for each such debt–

(i) in respect of mortgage payments, the weekly amount of the mortgage payment in that case; and

(ii) for any other housing item, the actual weekly cost necessary in respect of continuing needs for the relevant items,

and the adjudicating authority may direct that, when the debt is discharged, the amount determined under sub-paragraph (b) shall be the amount deductible.

(3) Where the aggregate amount calculated under sub-paragraph (2) is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made that aggregate amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.

(4) Sub-paragraph (1) shall not apply to any debt which is either–

(a) in respect of mortgage payments and the beneficiary or his partner has in the preceding 12 weeks paid sums equal to 8 week’s mortgage payments due in that period;

or

(b) for any other item of housing costs and is less than half the annual amount due to be paid by the beneficiary or his partner in respect of that item,

unless, in either case, in the opinion of the adjudicating authority it is in the overriding interests of the family that paragraph (1) should apply.