[F1 PART 8A E+W+S Benefit cap]

Textual Amendments

F1 Pt. 8A inserted (15.4.2013) by The Benefit Cap (Housing Benefit) Regulations 2012 (S.I. 2012/2994), regs. 1, 2(5) (as amended by S.I. 2013/388, reg. 2, Sch. para. 51; S.I. 2013/546, regs. 1, 2; and S.I. 2013/591, art. 2(1), Sch. para. 48(2))

[F2 Specified accommodation E+W+S

75H.— (1) The accommodation referred to in regulation 75C(2)(a) is accommodation to which one or more of the following paragraphs applies.

(2) This paragraph applies to accommodation which is exempt accommodation within the meaning of paragraph 4(10) of Schedule 3 to the Consequential Provisions Regulations.

(3) This 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 paragraph applies to accommodation which—

(a) is provided by a relevant authority 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 paragraph applies to accommodation—

(a) which would be a hostel within the meaning of regulation 2(1) (interpretation) but for it being owned or managed by a relevant authority; and

(b) where the claimant receives care, support or supervision.

(6) In this regulation—

“coercive behaviour” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten the victim;

“controlling behaviour” means an act designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance or escape or regulating their everyday behaviour;

“domestic violence” means any incident, or pattern of incidents, of controlling behaviour, coercive behaviour, violence or abuse, including but not limited to—

(a)

psychological abuse;

(b)

physical abuse;

(c)

sexual abuse;

(d)

emotional abuse;

(e)

financial abuse,

regardless of the gender or sexuality of the victim;

“relevant body” means a—

(a)

council for a county in England for each part of whose area there is a district council;

(b)

housing association;

(c)

registered charity; or

(d)

voluntary organisation.]

Textual Amendments

F2 Reg. 75H inserted (10.4.2014) by The Housing Benefit and Universal Credit (Supported Accommodation) (Amendment) Regulations 2014 (S.I. 2014/771), regs. 1(2), 3(3)