The Housing Benefit and Universal Credit (Victims of Domestic Abuse and Victims of Modern Slavery) (Amendment) Regulations (Northern Ireland) 2022

Amendment of the Universal Credit Regulations N.I.

3.—(1) Schedule 4 (housing costs elements for renters) to the Universal Credit Regulations (Northern Ireland) 2016(1) is amended as follows.

(2) In paragraph 2 (interpretation)—

(a) before “exempt accommodation” insert—

““domestic violence” has the meaning given by regulation 96(5);”;

(b) after “registered housing association” insert—

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

(3) In paragraph 28 (renters excepted from shared accommodation)—

(a) in sub-paragraph (1)(2) for “(5A)” substitute “(5C)”;

(b) after sub-paragraph (5A)(3) insert—

“(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.”;

(c) in sub-paragraph (6)—

(i) after the definition of ““care home”, “registered charity” and “voluntary organisation”” insert—

““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;”;

(ii) after the definition of “hostel for homeless people” insert—

““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.”.

(4) In paragraph 35(6)(b)(4) (under-occupancy deduction)—

(a) for ““domestic violence” and “person acting in an official capacity” have the meaning given to them in regulation 96(5) of these Regulations;” substitute ““person acting in an official capacity” has the meaning given to it in regulation 96(5) of these Regulations;”;

(b) omit the definition of “relative”.

Commencement Information

I1 Reg. 3 in operation at 1.10.2022, see reg. 1(1)

(1)

S.R. 2016 No. 216

(2)

Words in sub-paragraph (1) substituted by regulation 3(8)(c)(i) of S.R. 2018 No. 187

(3)

Paragraph 5A inserted by regulation 3(8)(c)(ii) of S.R. 2018 No. 187

(4)

Sub-paragraph 35(6) inserted by regulation 3 of S.R. 2021 No. 248