The Universal Credit Regulations (Northern Ireland) 2016

Under-occupancy deduction N.I.

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”—

(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

(b)

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.

[F2 (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—

[F3 “person acting in an official capacity” has the meaning given to it in regulation 96(5) of these Regulations;]

F4 ...

“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

F2 Sch. 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

F3 Words 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)

F4 Word 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)

C1 Sch. 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))

C2 Sch. 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))

C3 Sum 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

C4 Sum 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

C5 Sum 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