4.5  Limitations on Service Failure Deductions

4.5.1  The calculation of Service Failure Deductions shall be made only once in respect of a particular Service Performance Shortfall occurring in a particular Area at a particular time, notwithstanding that more than one report may have been received by the Help Desk of the relevant Accommodation.

4.5.2  Where a failure is such that it can be classified as a failure to meet more than one Specific Requirement in an Area then the Authority shall only be entitled to make Service Failure Deductions in respect of that failure by reference to one such Specific Requirement and not to each such Specific Requirement but shall be entitled to make Service Failure Deductions by reference to such Specific Requirement as attracts the greatest Service Failure Deduction.

4.5.3  No Service Failure Deduction may be made in relation to any Service if an Unavailability Deduction is made by the Authority in respect of an Area affected by the Service Performance Shortfall for the same service provided that Service Failure Deductions may be made for a Service Performance Shortfall if such Area:

(a)  is Unavailable but Used (but only to the extent that it is practicable to provide the relevant Services in such Unavailable but Used Area); or

(b)  is occupied by the Authority as Temporary Alternative Accommodation in accordance with paragraph 3.8 of this Schedule 6. Service Failure Deductions may be made by the Authority in respect of such Temporary Alternative Accommodation by applying this Schedule 6 and Schedule 1 (Authority's Requirements), mutatis mutandis, to such Temporary Alternative Accommodation in respect of all applicable Service Requirements.