2. “Rent payments” are such of the following as are not excluded by paragraph 3—
(a)payments of rent;
(b)payments for a licence or other permission to occupy accommodation;
(c)mooring charges payable for a houseboat;
(d)in relation to accommodation which is a caravan or mobile home, payments in respect of the site on which the accommodation stands.
3. The following are excluded from being “rent payments”—
(a)payments of ground rent;
(b)payments in respect of a tent or the site on which a tent stands;
(c)payments in respect of approved premises;
(d)payments in respect of a care home;
(e)payments in respect of accommodation specified in paragraph 4;
[F1(ea)payments in respect of accommodation specified in paragraph 4A;]
(f)payments which, are owner-occupier payments [F2within the meaning of Schedule 1 to the Loans for Mortgage Interest Regulations (Northern Ireland) 2017];
(g)payments which, are service charge payments within the meaning of paragraph 8.
Textual Amendments
F1Sch. 1 para. 3(ea) inserted (8.5.2018) by The Universal Credit (Persons Required to Provide Information, Miscellaneous Amendments and Saving and Transitional Provision) Regulations (Northern Ireland) 2018 (S.R. 2018/92), regs. 1(2), 6(18)(a) (with reg. 10(1))
F2Words in Sch. 1 para. 3(f) substituted (6.4.2018) by The Loans for Mortgage Interest Regulations (Northern Ireland) 2017 (S.R. 2017/176), reg. 1(2)(a), Sch. 5 para. 5(e)(i) (with regs. 18(2), 19, 19A, 20)
4.—(1) The accommodation referred to in paragraph 3(e) is accommodation to which one or more of the following sub-paragraphs applies.
(2) This sub-paragraph applies to accommodation which is exempt accommodation.
(3) This sub-paragraph applies to accommodation—
(a)which is provided by a relevant body,
(b)into which the claimant has been admitted in order to meet a need for care, support or supervision, and
(c)where the claimant receives care, support or supervision.
(4) This sub-paragraph applies to accommodation which—
(a)is provided by the Housing Executive or a relevant body to the claimant because the claimant has left the home as a result of domestic violence, and
(b)consists of a building, or part of a building, which is used wholly or mainly for the non-permanent accommodation of persons who have left their homes as a result of domestic violence.
(5) This sub-paragraph applies to accommodation—
(a)which would be a hostel within the meaning of paragraph 28(6) (renters excepted from shared accommodation) of Schedule 4 (housing costs element for renters) but for it being owned or managed by the Housing Executive, and
(b)where the claimant receives care, support or supervision.
(6) In this paragraph—
“domestic violence” has the meaning given in regulation 96 (victims of domestic violence);
“relevant body” means a—
housing association,
registered charity, or
voluntary organisation.
4A.—(1) The accommodation referred to in paragraph (3)(ea) is accommodation which falls within Case 1 or Case 2.
(2) Case 1 is where—
(a)rent payments are payable to the Housing Executive;
(b)the Housing Executive makes the accommodation available to the renter—
(i)to discharge any of the Housing Executive’s functions under Part II of the Housing (Northern Ireland) Order 1988, or
(ii)to prevent the person being or becoming homeless within the meaning of Part II of the Housing (Northern Ireland) Order 1988, and
(c)the accommodation is not exempt accommodation.
(3) Case 2 is where—
(a)rent payments are payable to a provider of social housing other than the Housing Executive;
(b)that provider makes the accommodation available to the renter in pursuance of arrangements made with it by the Housing Executive—
(i)to discharge any of the Housing Executive’s functions under Part II of the Housing (Northern Ireland) Order 1988, or
(ii)to prevent the person being or becoming homeless within the meaning of Part II of the Housing (Northern Ireland) Order 1988, and
(c)the accommodation is not exempt accommodation.
(4) Sub-paragraph (1) applies irrespective of whether the renter is also liable to make service charge payments.
(5) In sub-paragraph (3), “provider of social housing” has the meaning given in paragraph 2 of Schedule 4.]