The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017

Amendments to the Universal Credit Regulations 2013

6.  In paragraph 12 (additional room) of Schedule 4 (housing costs element for renters) to the Universal Credit Regulations 2013(1)—

(a) before sub-paragraph (1) insert—

“(A1) A renter is entitled to an additional bedroom if one or more of the following persons satisfies the overnight care condition (see sub-paragraph (3))—

(a) the renter;

(b) a person in the renter’s extended benefit unit;

(c) a child in respect of whom the renter satisfies the foster parent condition (see sub-paragraphs (4) and (5)).”;

(b) in sub-paragraph (1)—

(i) omit paragraph (a);

(ii) in paragraph (b) omit “(see sub-paragraphs (4) and (5))”;

(iii) in paragraph (c) after “sub-paragraph (6))” insert—

“;

(d) the disabled person condition (see sub-paragraph (6A))”;

(c) for sub-paragraph (2) substitute—

“(2) Sub-paragraphs (A1) and (1) apply subject to sub-paragraphs (8) and (9).”.

(d) in sub-paragraph (3)—

(i) for “a renter satisfies” substitute “a person satisfies”;

(ii) in paragraph (b) for “care for the renter” substitute “care for the person”;

(e) after sub-paragraph (6) insert—

“(6A) A renter satisfies the disabled person condition if they would (but for the provisions of this paragraph) be expected to share a bedroom with a joint renter and—

(a) the renter is in receipt of—

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

(ii) attendance allowance at the higher rate;

(iii) the daily living component of personal independence payment; and

(b) the renter is, by virtue of their disability, not reasonably able to share a bedroom with the joint renter.”;

(f) omit sub-paragraph (7);

(g) for sub-paragraph (9) substitute—

“(9) The renter is, or joint renters are, entitled to one additional bedroom for each of the following that apply—

(a) one or more persons satisfy the overnight care condition;

(b) the renter, or one or both of joint renters, satisfies the foster parent condition;

(c) the renter, or one or both of joint renters, satisfies the disabled child condition; or

(d) the renter, or one or both of joint renters, satisfies the disabled person condition.”.

(1)

S.I. 2013/376, amended by SI 2013/2828; there are other amending instruments but none is relevant.