Citation and commencement _I1

1. This Order may be cited as the Homelessness (Suitability of Accommodation) Order 1996 and shall come into force on 20th January 1997.

Matters to be taken into account _I2

2. In determining whether it would be, or would have been, reasonable for a person to continue to occupy accommodation and in determining whether accommodation is suitable for a person there shall be taken into account whether or not the accommodation is affordable for that person and, in particular, the following matters—

(a)the financial resources available to that person, including, but not limited to,—

(i)salary, fees and other remuneration;

(ii)social security benefits;

(iii)payments due under a court order for the making of periodical payments to a spouse or a former spouse, or to, or for the benefit of, a child;

(iv)paymrnts of child support maintenance due under the Child Support Act 1991(2)

(v)contributions to the costs in respect of the accommodation which are or were made or which might reasonably be expected to be, or have been, made by other members of his household;

(vi)pensions

(vii)financial assistance towards the costs in respect of the accommodation, including loans, provided by a local authority, voluntary organisation or other body;

(viii)benefits derived from a policy of insurance;

(ix)savings and other capital sums;

(b)the costs in respect of the accommodation, including, but not limited to,—

(i)payments of, or by way of, rent;

(ii)payments in respect of a licence or permission to occupy the accommodation;

(iii)mortgage costs;

(iv)payments of, or by way of, service charges;

(v)mooring charges payable for a houseboat;

(vi)where the accommodation is a caravan or a mobile home, payments in respect of the site on which it stands;

(vii)the amount of council tax payable in respect of the accommodation;

(viii)payments by way of deposit or security in respect of the accommodation;

(ix)payments required by an accommodation agency;

(c)payments which that person is required to make under a court order for the making of periodical payments to a spouse or a former spouse, or to, or for the benefit of, a child and payments of child support maintenance required to be made under the Child Support Act 1991;

(c)that person’s other reasonable living expenses.

[^F2Circumstances in which accommodation is not to be regarded as suitable

3. For the purposes of section 197(1) of the Housing Act 1996 (duty where other suitable accommodation available), accommodation shall not be regarded as suitable unless the local housing authority are satisfied that it will be available for occupation by the applicant for at least two years beginning with the date on which he secures it.^F2,F1]]