The Housing Benefit and Universal Credit (Sanctuary Schemes) (Amendment) Regulations (Northern Ireland) 2021

Amendment to the Housing Benefit Regulations

2.  In regulation A14 of the Housing Benefit Regulations (Northern Ireland) 2006(1)—

(a) after paragraph (2)(e) insert—

“(f) where—

(i) domestic violence has been inflicted upon or threatened against the claimant or a member of the claimant’s household (“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 young person as defined in regulation 17 and is a dependant of a member of the claimant’s household; and

(iii) the claimant provides evidence from a person acting in an official capacity which demonstrates that the 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

(bb) the victim has made contact with the person acting in an official capacity in relation with such an incident.”;

(b) after paragraph (4) insert—

“(5) In this regulation—

“domestic violence” has the meaning given to it in regulation 73H(6) of these regulations;

“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(2);

“household” means the persons who the relevant authority are satisfied are occupying the claimant’s dwelling as their home;

“person acting in an official capacity” means a health care professional, a police officer, a registered social worker, the victim’s employer, a representative of the victim’s trade union, or any public, voluntary, or charitable body which has had direct contact with the victim in connection with domestic violence;

“provider of social housing” means –

(a)

the Executive

(b)

registered housing association;

“registered social worker” means a person registered as a social worker in a register maintained by—

(a)

the Northern Ireland Social Care Council;

(b)

Social Care Wales;

(c)

The Scottish Social Services Council; or

(d)

Social Work England

“relative” has the meaning given by Article 2(1) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998(3);

“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.”.

(1)

S.R. 2006 No. 405; regulation A14 was inserted by regulation 5(7) of S.R. 2016 No. 326

(2)

2002 c. 17; section 25(3) was amended by the Health and Social Care Act 2008 (c.14), the Health and Social Care Act 2012 (c 72) and S.I. 2010/231

(3)

S.I. 1998 No. 1071 (N.I.6)