SCHEDULES
SCHEDULE 4Housing costs element for renters
PART 4Private rented sector F1...
The calculation of the housing costs element under this Part
Cap rent24
1
The renter's cap rent is to be determined as follows.
Step 1
Determine the category of accommodation to which the renter is entitled under paragraphs 7 to 11 and paragraphs 25 to 28.
Step 2
Having regard to the determination at step 1, determine the maximum allowable amount for the renter under sub-paragraph (2) or (4) (as the case may be).
The result is the renter's cap rent.
2
The maximum allowable amount to be used in relation to the renter is the local housing allowance which applies at the relevant time to—
a
the broad rental market area in which the renter's accommodation is situated, and
b
the category of accommodation determined at step 1 as that to which the renter is entitled.
3
The maximum allowable amount in relation to the renter is to be determined under sub-paragraph (4) in any case where—
a
paragraph 3 (claimant housed in two dwellings by provider of social housing) of Schedule 3 applies to the renter, and
b
the maximum allowable amount determined under sub-paragraph (2) for the renter in relation to accommodation A and the amount so determined in relation to accommodation B are different (references to accommodation A and accommodation B are to be understood in accordance with paragraph 3 of Schedule 3), and
c
a single calculation is to be made in relation to the renter under paragraph 16 (renter treated as occupying single accommodation).
4
In any such case, the maximum allowable amount to be used in making the single calculation required by paragraph 16—
a
is to be determined by reference to the accommodation for which the amount referred to in sub-paragraph (3)(b) is lower when the calculation is first made, and
b
is to continue to be determined by reference to that accommodation for so long as paragraph 3 of Schedule 3 applies to the renter in respect of the same accommodation A and the same accommodation B, and
c
is to be re-determined in accordance with paragraphs (a) and (b) on each occasion when the renter is re-housed in any other accommodation, provided that paragraph 3 of Schedule 3 continues to apply to the renter.
5
In this paragraph—
“broad rental market area” means the broad rental market area to be determined under regulation 3 of the UC Housing Costs Regulations;
“local housing allowance” in relation to a broad rental market area, means the amount to be determined by a rent officer for that area under regulation 4 of the UC Housing Costs Regulations;
“relevant time” means the time at which the amount of the renter's housing costs element is calculated under paragraph 21.
Words in Sch. 4 Pt. 4 heading omitted (8.5.2018) by virtue of 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(19)(c) (with reg. 10(1))