SCHEDULES

SCHEDULE 2 HOUSING COSTS

New housing costs

7.—(1) Subject to the provisions of this Schedule, the new housing costs to be met in any particular case are—

(a)where the claimant has been entitled to a jobseeker’s allowance for a continuous period of 39 weeks or more, an amount—

(i)determined in the manner set out in paragraph 9 by applying the standard rate to the eligible capital for the time being owing in connection with a loan which qualifies under paragraph 14 or 15; and

(ii)equal to any payments which qualify under paragraph 16(1)(a) to (c);

(b)in any other case, nil.

(2) For the purposes of sub-paragraph (1) [F1and subject to sub-paragraph (2A)], the eligible capital for the time being owing shall be determined on the date the new housing costs are first met and thereafter on each anniversary of that date.

[F2(2A) Where a claimant or his partner ceases to be in receipt of or treated as being in receipt of income support and one of them becomes entitled to income-based jobseeker’s allowance in a case to which paragraph 1A applies, the eligible capital for the time being owing shall be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned the claimant or his partner was first entitled.]

[F3(2B) Where either member of a joint-claim couple ceases to be in receipt of or treated as being in receipt of income support and that couple then become entitled to a joint-claim jobseeker’s allowance in a case to which paragraph 1A(1A) applies, the eligible capital for the time being owing shall be recalculated on each anniversary of the date on which the housing costs were first met for whichever of the benefits concerned either member of the couple was first entitled to.]

(3) This sub-paragraph applies to a claimant who at the time the claim is made has been refused payments under a policy of insurance on the grounds that—

(a)the claim under the policy is the outcome of a pre-existing medical condition which, under the terms of the policy, does not give rise to any payment by the insurer; or

(b)he was infected by the Human Immunodeficiency Virus,

and the policy was taken out to insure against the risk of being unable to maintain repayments on a loan which is secured by a mortgage or a charge over land, or (in Scotland) by a heritable security.

(4) This sub-paragraph applies subject to [F4sub-paragraph (7)] where a person claims a jobseeker’s allowance because of—

(a)the death of a partner; or

(b)being abandoned by his partner,

and where the persons family includes a child.

(5) This sub-paragraph applies to a person who at the time the claim is made is engaged in caring for a person who falls within any of the circumstances specified in [F5heads (i) to (iv) of sub-paragraph (c)] of paragraph (3) of regulation 51 (remunerative work).

(6) In the case of a claimant to whom sub-paragraph (3), (4) or (5) applies, any new housing costs shall be met as though they were existing housing costs and paragraph 6 applied to them.

(7) Sub-paragraph(4) shall cease to apply to a person who subsequently becomes one of a couple.

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 2 para. 7(1)(b): sum confirmed (coming into force in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 2005 (S.I. 2005/522), art. 24(11), Sch. 19