- Latest available (Revised)
- Point in Time (10/04/2023)
- Original (As made)
Point in time view as at 10/04/2023.
There are currently no known outstanding effects for the The Universal Credit Regulations (Northern Ireland) 2016, PART 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
F1Words in Sch. 4 Pt. 5 heading omitted (8.5.2018) by virtue of The Universal Credit (Persons Required to Provide Information, Miscellaneous Amendments and Saving and Transitional Provision) Regulations (Northern Ireland) 2018 (S.R. 2018/92), regs. 1(2), 6(19)(f) (with reg. 10(1))
Modifications etc. (not altering text)
C1Sch. 4 Pt. 5 applied by S.I. 2015/2006 (N.I. 1), art. 137A(2)(c) (as inserted (13.10.2016) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999 (N.I. 1)), arts. 2(2)(d), 19(2))
29.—[F2(1) This Part applies to renters who are liable to make rent payments to a provider of social housing.]
(2) Sub-paragraph (1) applies irrespective of whether renters are also liable to make service charge payments.
Textual Amendments
30. In determining the amount of any relevant payment to be taken into account under paragraph 5, a deduction is to be made for any amount which the Department is satisfied—
(a)is included in the relevant payment, but
(b)relates to the supply to the accommodation of a commodity (such as water or fuel) for use by any member of the renter's extended benefit unit.
31. Where it appears to the Department that—
(a)the amount of any relevant payment for which the renter is liable in respect of accommodation occupied by the renter is greater than it is reasonable to meet by way of the housing costs element under this Part, and
(b)the amount of the relevant payment that, at the time of the calculation under this Part, a landlord might reasonably have expected to obtain is a lower amount,
the lower amount is to be used in making the calculation under this Part instead of the amount of the relevant payment for which the renter is liable, unless the Department is satisfied that it is not appropriate to use that lower amount.
32.—(1) The amount of the renter's housing costs element under this Part is to be calculated by reference to the formula—
where—
“S” is the amount resulting from whichever of paragraph 33 or 34 applies in the renter's case,
“HCC” is the sum of the housing cost contributions (if any) under paragraph 12.
Modifications etc. (not altering text)
C2Sum in Sch. 4 para. 32 specified (24.3.2018) by The Social Security (2017 Benefits Up-rating) Order (Northern Ireland) 2018 (S.R. 2018/56), arts. 1, 27(4), Sch. 17
33. Except where paragraph 34 applies, amount S referred to in paragraph 32 is to be found as follows—
Determine which relevant payments are to be taken into account under paragraph 5 and determine the amount of each of them (applying paragraphs 30 and 31 as necessary).
Determine the period in respect of which each relevant payment is payable and, in accordance with paragraph 6, determine the amount of the payment in respect of a month.
If there is more than one relevant payment, add together the amounts determined in step 2 in relation to all relevant payments.
Determine under paragraph 35(1) whether an under-occupation deduction is to be made and, if one is to be made, determine the amount of the deduction under paragraph 35(2) and deduct it from the amount resulting from step 2 or 3 (as the case may be).
The result is amount S from which the sum of the housing cost contributions are to be deducted under paragraph 32.
34.—(1) This paragraph applies where, in respect of the accommodation occupied by the renter, one or more persons other than the renter is liable to make relevant payments which are of the same description as those for which the renter is liable and which are to be taken into account under paragraph 5.
(2) Amount S referred to in paragraph 32 is to be found as follows.
Determine the total of all relevant payments referred to in sub-paragraph (1) for which the renter and others are liable in respect of the accommodation taken as a whole (applying paragraphs 30 and 31 as necessary).
Determine the period in respect of which each relevant payment is payable and, in accordance with paragraph 6, determine the amount of the payment in respect of a month.
Add together all of the amounts determined in step 2 in relation to all relevant payments.
Find amount S in accordance with whichever of sub-paragraphs (3) to (5) applies in the renter's case.
The result is amount S from which the sum of the housing cost contributions are to be deducted under paragraph 32.
(3) Where the only persons liable to make relevant payments are listed persons, amount S is the amount resulting from step 3 in sub-paragraph (2) less the amount of the under-occupation deduction (if any) required by paragraph 35.
(4) Where the persons liable for the relevant payments are one or more listed persons and one or more other persons, amount S is to be found by the applying the formula—
where—
“A” is the amount resulting from step 3 in sub-paragraph (2),
“B” is the total number of all persons (including listed persons) liable to make the relevant payments, and
“C” is the number of listed persons.
(5) If the Department is satisfied that it would be unreasonable to determine amount S in accordance with sub-paragraph (4), amount S is to be determined in such manner as the Department considers appropriate in all the circumstances, having regard (among other things) to the number of persons liable and the proportion of the relevant payments for which each of them is liable.
Modifications etc. (not altering text)
C3Sum in Sch. 4 para. 34(4) specified (24.3.2018) by The Social Security (2017 Benefits Up-rating) Order (Northern Ireland) 2018 (S.R. 2018/56), arts. 1, 27(4), Sch. 17
35.—(1) A deduction for under-occupancy is to be made under this paragraph where the number of bedrooms in the accommodation exceeds the number of bedrooms to which the renter is entitled under paragraphs 7 to 11.
(2) Where a deduction is to be made, the amount of the deduction is to be determined by the formula—
where—
“A”—
in relation to any deduction under paragraph 33, is the amount resulting from step 2 or 3 in that paragraph (as the case may be), or
in relation to any deduction under paragraph 34(3), is the amount resulting from step 3 in paragraph 34(2);
“B” is the relevant percentage.
(3) The relevant percentage is 14% in the case of one excess bedroom.
(4) The relevant percentage is 25% in the case of 2 or more excess bedrooms.
(5) No deduction for under-occupation is to be made in calculating the amount of the renter's housing costs element under this Part in any case to which regulation 27(4) to (6) (equity–sharing lease) applies.
[F3(6) (a) No deduction for under occupation is to be made in calculating the amount of a renter’s housing cost element under this part where—
(i)domestic violence has been inflicted upon or threatened against the claimant or a member of the claimants extended benefit unit (“the victim”) by that person’s partner or former partner, or by a relative;
(ii)the victim is not living at the same address as the person who inflicted or threatened the domestic violence, except where that person is a qualifying young person and is a dependant of a member of the claimant’s extended benefit unit; and
(iii)the claimant provides evidence from a person acting in an official capacity which demonstrates that claimant is living in a property adapted under a sanctuary scheme and—
(aa)the victim’s circumstances are consistent with those of a person who has had domestic violence inflicted upon or threatened against them; and
(ab)the victim has made contact with the person acting in an official capacity in relation to such an incident.
(b)In this paragraph—
[F4“person acting in an official capacity” has the meaning given to it in regulation 96(5) of these Regulations;]
F5...
“sanctuary scheme” means a scheme operated by a provider of social housing enabling victims of domestic violence to remain in their homes through the installation of additional security to the property or the perimeter of the property at which the victim resides.]
Textual Amendments
F3Sch. 4 para. 35(6)(a)(b) inserted (1.10.2021) by The Housing Benefit and Universal Credit (Sanctuary Schemes) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/248), regs. 1(1), 3
F4Words in Sch. 4 para. 35(6)(b) substituted (1.10.2022) by The Housing Benefit and Universal Credit (Victims of Domestic Abuse and Victims of Modern Slavery) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/211), regs. 1(1), 3(4)(a)
F5Word in Sch. 4 para. 35(6)(b) omitted (1.10.2022) by virtue of The Housing Benefit and Universal Credit (Victims of Domestic Abuse and Victims of Modern Slavery) (Amendment) Regulations (Northern Ireland) 2022 (S.R. 2022/211), regs. 1(1), 3(4)(b)
Modifications etc. (not altering text)
C4Sch. 4 para. 35 applied by S.I. 2015/2006 (N.I. 1), art. 137A(2)(d) (as inserted (13.10.2016) by The Welfare Reform and Work (Northern Ireland) Order 2016 (S.I. 2016/999 (N.I. 1)), arts. 2(2)(d), 19(2))
C5Sum in Sch. 4 para. 35(2) specified (24.3.2018) by The Social Security (2017 Benefits Up-rating) Order (Northern Ireland) 2018 (S.R. 2018/56), arts. 1, 27(4), Sch. 17
C6Sum in Sch. 4 para. 35(3) specified (24.3.2018) by The Social Security (2017 Benefits Up-rating) Order (Northern Ireland) 2018 (S.R. 2018/56), arts. 1, 27(4), Sch. 17
C7Sum in Sch. 4 para. 35(4) specified (24.3.2018) by The Social Security (2017 Benefits Up-rating) Order (Northern Ireland) 2018 (S.R. 2018/56), arts. 1, 27(4), Sch. 17
The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Rule you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Rule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: