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Qualifying period for owner occupiers - 9 or 3 (service charge)

Emilia Lyczba
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Welfare Benefits Team Tower Hamlets Law Centre

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Total Posts: 13

Joined: 11 September 2023

Hi All,

Probably a silly question, although at least a quick one!

I thought the amendments to the qualifying period for the owner occupiers on UC were related to both SMI loan and service charge payments. I know for the SMI loan the QP is still 3 months after the change in April last year (I checked the 2023 regs).

However, I believe that sometime in October last year I checked the regs and I remember reading ‘9’ being substituted for ‘3’ in Schedule 5 for the service charge, too.

I am looking at it now and it reads:

‘In Schedule 5, for ‘3’ substitute ‘9’

Am I going crazy and it has always been 9 months without any change; or the provision changed from 9 to 3 and when??? I am so confused now.

Please help

(Schedule5, part 3, paragraph 5)

https://www.legislation.gov.uk/uksi/2015/1647/regulation/5/made#regulation-5-2

Elliot Kent
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Shelter

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Total Posts: 3134

Joined: 14 July 2014

The waiting period for housing costs has often been changed but it was 3 months in 2013 when the Universal Credit regs were made.

In 2015, the waiting period was increased to 9 months by the statutory instrument you link to.

In 2017, the LMI provisions were carved out from the main regs and the 9 month qualifying period was adopted.

Then in 2023, SI 2023/226 reduced the LMI qualifying period for UC claimants from 9 months down to 3 months.

The waiting period in the main UC regs was not also reduced I’m afraid and remains at 9 months.

Emilia Lyczba
forum member

Welfare Benefits Team Tower Hamlets Law Centre

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Total Posts: 13

Joined: 11 September 2023

Thank you so much for your help, I was so confused!