The Housing Benefit (General) Regulations 1987

PART II payments in respect of fuel charges

4.  A service charge for fuel except a charge in respect of services for communal areas shall be ineligible to be met by housing benefit.

5.—(1) Where a charge is ineligible to be met by housing benefit under paragraph 4–

(a) in the calculation of entitlement to a rent rebate; or

(b) in the calculation of entitlement to a rent allowance if the amount of the charge is specified or is otherwise readily identifiable (except where the amount of the charge is unrealistically low in relation to the fuel provided or the charge cannot readily be distinguished from a charge for a communal area),the amount ineligible to be met by housing benefit shall, subject to sub-paragraph (4), be the full amount of the service charge.

(2) In any other case, subject to sub-paragraph (3) and paragraph 6, the amount ineligible to be met by housing benefit shall be the following amounts in respect of each week–

(a) for heating (other than hot water)£6.70;

(b) for hot water£0.80;

(c) for lighting£0.50;

(d) for cooking£0.80.

(3) In a case to which sub-paragraph (2) applies, if a claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, the amount ineligible to be met by housing benefit under this paragraph shall be that estimated amount.

(4) (a) Except in a case to which sub-paragraph (5) applies and subject to the following provisions of this sub-paragraph and paragraph 6 in the case of a person on income support the amount ineligible to be met by housing benefit by virtue of sub-paragraph (1) shall not exceed by more than £1.50 (“the relevant amount”) the total amount that would have been ineligible to be met by housing benefit in respect of the service provided by virtue of sub-paragraph (2) had that sub-paragraph applied;

(b) the relevant amount referred to in sub-paragraph (a) shall be increased by £1.50 with effect from the benefit week which includes the first Monday in April in each year from 1989 to 1992 inclusive unless in any of those years any Order made by the Secretary of State under section 63 of the Act increases amounts specified in these Regulations for the purpose of calculating a claimant’s applicable amount with effect from a different week in which case the relevant amount in (a) above shall be so increased with effect from the benefit week in which that increase takes effect in any particular case;

(c) this sub-paragraph shall cease to apply and the amount ineligible to be met by housing benefit by virtue of sub-paragraph (1) shall be the full amount of the charge with effect from the benefit week which includes the first Monday in April 1993 unless the Order made by the Secretary of State under section 63 of the Act in that year increases amounts specified in these Regulations for the purpose of calculating a claimant’s applicable amount with effect from a different week in which case this sub-paragraph shall cease to apply with effect from the benefit week in which that increase takes effect in any particular case.

(5) This sub-paragraph applies to a person who is liable to pay a charge for fuel which varies in accordance with the amount of fuel actually used (whether by means of a variable charge or a system of refunds or credits or otherwise).

6.—(1) Where rent is payable other than weekly, any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall–

(a) where rent is payable in multiples of a week, be multiplied by the number equal to the number of weeks in respect of which it is payable; or

(b) in any other case, be divided by 7 and multiplied by the number of days in the period to be used by the appropriate authority for the purpose of calculating the claimant’s weekly eligible rent under regulation 69 (calculation of weekly amounts).

(2) In a case to which regulation 70 applies (rent or rate free periods), any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall, where appropriate, be converted in accordance with sub-paragraph (1) and shall–

(a) where rent is payable weekly, or in multiples of a week, be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent; or

(b) in any other case, be multiplied by 365 or 366, whichever is appropriate, and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

7.  In this Schedule–

“communal areas” mean areas (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation;

“fuel” includes gas and electricity and a reference to a charge for fuel includes a charge for fuel which includes an amount in respect of the facility of providing it other than a specified amount for the provision of a heating system.