SCHEDULE 5Housing costs element for owner-occupiers

PART 2Exception to inclusion of housing costs element

No housing costs element where owner-occupier has any earned income4

1

Section 11(1) of the Act (housing costs) does not apply to any owner-occupier in relation to an assessment period where—

a

the owner-occupier has any earned income; or

b

if the owner-occupier is a member of a couple, either member of the couple has any earned income.

2

Sub-paragraph (1) applies irrespective of the nature of the work engaged in, its duration or the amount of the earned income.

3

Nothing in this paragraph prevents an amount calculated under Schedule 4 from being included in the award of any claimant who falls within regulation 26(4) to (6) (shared ownership).