The Universal Credit (Transitional Provisions) and Housing Benefit (Amendment) Regulations 2013

Amendments relating to payment of housing benefit in respect of exempt accommodation

3.—(1) In regulation 2(1) (interpretation)—

(a) after the definition of “employment and support allowance” insert—

““exempt accommodation” has the same meaning as in paragraph 1 of Schedule 1 to the Universal Credit Regulations;”;

(b) in the definition of “existing benefit” omit “under section 130 of that Act”; and

(c) after the definition of “First-tier Tribunal” insert—

““housing benefit” means housing benefit under section 130 of the Social Security Contributions and Benefits Act 1992;”.

(2) In regulation 3 (entitlement to claim universal credit)—

(a) in paragraphs (3)(b) and (5)(a)(ii) at the end insert “(but see paragraph (6))”; and

(b) after paragraph (5) insert—

“(6) For the purposes of paragraphs (3)(b) and (5)(a)(ii), “existing benefit” does not include housing benefit in respect of exempt accommodation.”.

(3) In regulation 14(3)(b) (awards of universal credit without a claim) at the end insert “(other than housing benefit in respect of exempt accommodation)”.

(4) In regulation 15 (exclusion of entitlement to existing benefits)—

(a) in paragraph (1) at the beginning insert “Subject to paragraph (2A),”;

(b) in paragraph (2)(b) omit “under section 130 of that Act”; and

(c) after paragraph (2) insert—

“(2A) Entitlement to universal credit does not preclude the claimant from entitlement to housing benefit in respect of exempt accommodation.”.

(5) In regulation 16 (termination of awards of existing benefits)—

(a) in paragraph (3) at the beginning insert “Subject to paragraph (3A),”; and

(b) after paragraph (3) insert—

“(3A) An award of housing benefit to which the new claimant partner is entitled in respect of exempt accommodation does not terminate by virtue of this regulation.”.

(6) In regulation 18(3) (ongoing appeals etc)—

(a) in sub-paragraph (a) after “existing benefit” insert “(other than housing benefit in respect of exempt accommodation)”; and

(b) in sub-paragraph (b) after “existing benefit” insert “(other than a payment of housing benefit to which the new claimant partner is entitled in respect of exempt accommodation)”.