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Ineligible Service Charge

Legal words

Service charges that are not eligible to met by HB are listed in paragraphs 1 and 5 of Schedule 1 to the Housing Benefit Regulations 2006:

This version in force from 2006 to the present

PART 1

Service charges other than for fuel

Ineligible service charges

  1. The following service charges shall not be eligible to be met by housing benefit –

    • charges in respect of day-to-day living expenses including, in particular, all provision of–
    • subject to paragraph 2 meals (including the preparation of meals or provision of unprepared food);
    • laundry (other than the provision of premises or equipment to enable a person to do his own laundry);
    • leisure items such as either sports facilities (except a children’s play area), or television rental, licence and subscription fees (except radio relay charges and charges made in respect of the conveyance and installation and maintenance of equipment for the conveyance of a television broadcasting service);
    • cleaning of rooms and windows except cleaning of–
      • communal areas; or
      • the exterior of any windows where neither the claimant nor any member of his household is able to clean them himself, where a payment is not made in respect of such cleaning by a local authority (including, in relation to England, a county council) or the Welsh Ministers to the claimant or his partner, or to another person on their behalf; and
    • transport;
    • charges in respect of–
    • the acquisition of furniture or household equipment; and
    • the use of such furniture or equipment where that furniture or household equipment will become the property of the claimant by virtue of an agreement with the landlord;
    • charges in respect of the provision of an emergency alarm system;
    • charges in respect of medical expenses (including the cost of treatment or counselling related to mental disorder, mental handicap, physical disablement or past or present alcohol or drug dependence);
    • charges in respect of the provision of nursing care or personal care (including assistance at meal-times or with personal appearance or hygiene);
    • charges in respect of general counselling or of any other support services,whoever provides those services;
    • charges in respect of any services not specified in sub-paragraphs (a) to (f) which are not connected with the provision of adequate accommodation.

PART 2

Payments in respect of fuel charges

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

  2. 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.
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