The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017

Amendments to the Housing Benefit Regulations 2006

4.—(1) The Housing Benefit Regulations 2006(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the definition of “maximum rent (LHA)” insert—

““member of a couple who cannot share a bedroom” means a member of a couple—

(a)

who is in receipt of—

(i)

attendance allowance at the higher rate in accordance with section 65(3) of the Act;

(ii)

the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;

(iii)

the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; or

(iv)

armed forces independence payment; and

(b)

whom the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with the other member of the couple;”;

(b) in the definition of “person who requires overnight care” in paragraph (a)(iii) after “provided” insert “or, where P is a child, the claimant has provided”;

(c) after paragraph (5) insert—

“(6) For the purpose of these Regulations, reference to a member of a couple who can share a bedroom is to a member of a couple where the other member of the couple is a member of a couple who cannot share a bedroom.”.

(3) In regulation B13 (determination of a maximum rent (social sector))—

(a) in paragraph (5)—

(i) before sub-paragraph (a) insert—

“(za) a member of a couple who cannot share a bedroom;

(zb) a member of a couple who can share a bedroom;”;

(ii) in sub-paragraph (a) omit “(within the meaning of Part 7 of the Act)”;

(b) in paragraph (6), for sub-paragraph (a) substitute—

“(a) one or more relevant persons in paragraph (9)(a), (b) or (e) is a person who requires overnight care;

(ab) one or more relevant persons in paragraph (9)(c) or (d) is a person who requires overnight care; or”;

(c) in paragraph (7), in sub-paragraph (b), for “a sub-paragraph of paragraph (6)” substitute “paragraph (6)(b)”;

(d) in paragraph (9), after sub-paragraph (d) insert—

“(e) for the purposes of paragraph (6)(a)—

(i) a person (other than the claimant, the claimant’s partner, P or P’s partner) who occupies the claimant’s dwelling as their home;

(ii) a child or young person in respect of whom a relevant person under sub-paragraphs (a) to (e)(i) is a qualifying parent or carer.”.

(4) In regulation 13D (determination of a maximum rent (LHA))—

(a) in paragraph (3)—

(i) before sub-paragraph (a) insert—

“(za) a member of a couple who cannot share a bedroom;

(zb) a member of a couple who can share a bedroom;”;

(ii) in sub-paragraph (a) omit “(within the meaning of Part 7 of the Act)”;

(iii) in the full-out words at the end—

(aa) after “a child who cannot share a bedroom” insert “or a member of a couple who cannot share a bedroom”;

(bb) after “the child” insert “or the member of the couple”.

(b) in paragraph (3A), for sub-paragraph (a) substitute—

“(a) one or more of the following persons is a person who requires overnight care—

(i) the claimant;

(ii) the claimant’s partner;

(iii) a person (other than the claimant or the claimant’s partner) who occupies the claimant’s dwelling as their home;

(iv) a child or young person in respect of whom the claimant or the claimant’s partner is a qualifying parent or carer; or”.

(5) In regulation 114A (information to be provided to rent officers), in paragraph (9)(ca), for “the claimant or the claimant’s partner” substitute “any person mentioned in regulation 13D(3A)(a)”.

(6) In Schedule 2 (excluded tenancies), in paragraph 2(3)—

(a) for paragraph (f) substitute—

“(f) any person mentioned in paragraph 1A(a) of Schedule 2 to the Rent Officers Order becomes or ceases to be a person who requires overnight care where that affects the size criteria, as set out in that Schedule to that Order, applicable in the claimant’s case;”;

(b) in paragraph (h) after “child who cannot share a bedroom” insert “or a member of a couple who cannot share a bedroom”.

(1)

S.I. 2006/213; relevant amending instruments are S.I. 2007/2868, 2010/2835, 2012/3040, 2013/591, 2013/665 and 2013/2828.