[2001] UKSSCSC CJSA_5493_1999 (05 February 2001)
THE SOCIAL SECURITY COMMISSIONERS
Commissioner's Case No: CJSA/5493/99
The legislation
(1) Subject to the deduction specified in sub-paragraph (2)...there shall be met under this paragraph the amounts, calculated on a weekly basis, in respect of the following housing costs -
(a) [rent or ground rent on a long tenancy];
(b) service charges;
(c) [rentcharges];
(d) payments under a co-ownership scheme;
(e) [Crown tenancies]
(f) [tents and their sites]
(2) Subject to sub-paragraph (3) [not material], the deductions to be made from the weekly amounts to be met under this paragraph are -
(a) [not material];
(b) where the costs are inclusive of ineligible service charges within the meaning of paragraph 1 of Schedule 1 to the Housing Benefit (General) Regulations 1987 (ineligible service charges) the amounts attributable to those ineligible service charges or where that amount is not separated from or separately identified within the housing costs to be met under this paragraph, such part of the payments made in respect of those housing costs which are fairly attributable to the provision of those ineligible services having regard to the costs of comparable services;
(c) any amount for repairs and improvements, and for this purpose the expression "repairs and improvements" has the same meaning as it has in paragraph 15(2).
(g) charges in respect of any services not specified in sub-paragraphs (a) to (f) which are not connected with the provision of adequate accommodation.
The arguments
The hearing before me - co-ownership payments are a special case
Replacement kitchens and bathrooms as repairs or improvements
"Adequate accommodation" means something special in co-ownership
(signed on original) Christine Fellner
Commissioner
5 February 2001