The Universal Credit Regulations (Northern Ireland) 2016

Renters excepted from shared accommodation N.I.

28.—(1) “ Excepted person” means any renter (“E”) who falls within any of sub-paragraphs (2) to [F1 (5C)] .

(2) E is at least 18 but under [F2 25 years] old and was a care leaver (within the meaning of regulation 8) before reaching the age of 18.

(3) E is at least [F3 16] but under 35 years old and—

(a) has, for a total of at least 3 months (whether or not continuously), lived in one or more hostels for homeless people, and

(b) whilst E was living in such a hostel, was offered and has accepted support services which the Department considers are intended to assist E to be rehabilitated or resettled within the community.

(4) E is under 35 years old and is in receipt of—

(a) the care component of disability living allowance at the middle or highest rate;

[F4 (aa) the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;]

(b) attendance allowance, F5 ...

(c) the daily living component of personal independence payment.

[F6 or

(d) the daily living component of adult disability payment at the standard or enhanced rate]

(5) E is under 35 years old and he is the subject of risk management pursuant to arrangements established under Part 3 of the Criminal Justice (Northern Ireland ) Order 2008 M1

[F7 (5A) E is under 35 years old and satisfies the foster carer condition (within the meaning of paragraph 11(4)).]

[F8 (5B) E is under 35 years old and—

(a) after attaining the age of 16 had domestic violence inflicted upon or threatened against them (“the victim”) by their partner or former partner, or by a relative; and

(b) provides evidence from a person acting in an official capacity which demonstrates that—

(i) the victim’s circumstances are consistent with their having had domestic violence inflicted upon or threatened against them; and

(ii) the victim has contacted a person acting in an official capacity in relation to such an incident.

(5C) E is under 35 years old and has been the subject of a positive conclusive grounds determination relating to modern slavery.]

(6) In this paragraph—

• “care home”, “registered charity” and “voluntary organisation” have the meaning given in Schedule 1;

• [F9 “competent authority” means a person who is a competent authority within the meaning of the Trafficking Convention;

• “compulsory labour”, “forced labour”, “servitude” and “slavery” have the same meaning as in Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;]

• “hostel” means a building—

  (a)

  in which there is provided, for persons generally or for a class of persons, domestic accommodation, otherwise than in separate and self-contained premises, and either board or facilities for the preparation of food adequate to the needs of those persons, or both;

  (b)

  which is—

  (i)

  managed or owned by a registered housing association,

  (ii)

  operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or agency, the Housing Executive or a Regional Health and Social Care Board or Health and Social Care Trust , or

  (iii)

  managed by a voluntary organisation or registered charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community, and

  (c)

  which is not a care home;

• “hostel for homeless people” means a hostel the main purpose of which is to provide accommodation together with care, support or supervision for homeless people with a view to assisting such persons to be rehabilitated or resettled within the community.

• [F10 “person acting in an official capacity” means a health care professional (within the meaning given by regulation 96(5)), a police officer, a registered social worker (within the meaning given by regulation 96(5)), the victim’s employer, or any public, voluntary, or charitable body which has had direct contact with the victim in connection with domestic violence;

• “positive conclusive grounds determination relating to modern slavery” means a determination made by a competent authority that an individual is a victim of trafficking in human beings, slavery, servitude or forced or compulsory labour;

• “the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16th May 2005);

• “trafficking in human beings” has the same meaning as in the Trafficking Convention.]

Textual Amendments

F1 Word in Sch. 4 para. 28(1) 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(3)(a)

F2 Words in Sch. 4 para. 28(2) substituted (31.5.2021) by The Housing Benefit and Universal Credit (Care Leavers and Homeless) Regulations (Northern Ireland) 2021 (S.R. 2021/118), regs. 1, 3(2)(a)

F3 Word in Sch. 4 para. 28(3) substituted (31.5.2021) by The Housing Benefit and Universal Credit (Care Leavers and Homeless) Regulations (Northern Ireland) 2021 (S.R. 2021/118), regs. 1, 3(2)(b)

F4 Sch. 4 para. 28(4)(aa) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 12 para. 8(4)

F5 Word in Sch. 4 para. 28(4)(b) omitted (21.3.2022) by virtue of The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 28(8)(g)(i)

F6 Sch. 4 para. 28(4)(d) and word inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 28(8)(g)(ii)

F7 Sch. 4 para. 28(5A) inserted (28.11.2018) by The Universal Credit and Jobseekers Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 (S.R. 2018/187), regs. 1(2), 3(8)(c)(ii)

F8 Sch. 4 para. 28(5B)(5C) inserted (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(3)(b)

F9 Words in Sch. 4 para. 28(6) inserted (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(3)(c)(i)

F10 Words in Sch. 4 para. 28(6) inserted (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(3)(c)(ii)

Marginal Citations

M1 S.I. 2008/1216 (N.I.1).