The Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021

Amendments to the Universal Credit Regulations 2013

4.  In paragraph 36 of Schedule 4 to the Universal Credit Regulations 2013(1), after sub-paragraph (5) insert—

“(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 claimant’s extended benefit unit(2) (“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 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 to such an incident;

(b) in this paragraph—

“domestic violence” and “person acting in an official capacity” have the meaning given to them in regulation 98(4)(3) of these Regulations;

“relative” has the meaning given by section 63(1) of the Family Law Act 1996;

“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.I. 2013/376.

(2)

“Extended benefit unit” is defined in paragraph 2 of Schedule 4 to the Universal Credit Regulations 2013 (S.I. 2013/376).

(3)

Relevant amending instrument is S.I. 2013/1508.