The Universal Credit Regulations 2013

PART 1 U.K. General

Introduction U.K.

1.—(1) This Schedule contains provisions about claimants to whom regulation 26(2) applies.

(2) Claimants who fall within sub-paragraph (1) are referred to in this Schedule as “renters” (and references to “joint renters” are to joint claimants to whom regulation 26(2) applies).

(3) Part 2 of this Schedule sets out [F1 an exception] to section 11(1) of the Act for certain renters in whose case an award of universal credit is not to include an amount of housing costs element calculated under this Schedule.

(4) The following Parts of this Schedule provide for the calculation of the amount of housing costs element to be included under regulation 26(2) in a renter's award of universal credit—

(a) Part 3 contains general provisions that apply to all calculations, whether under Part 4 or Part 5;

(b) Part 4 applies in relation to renters who occupy accommodation in the private rented sectorF2 ...; and

(c) Part 5 applies in relation to renters who occupy accommodation in the social rented sectorF3 ....

Textual Amendments

F1 Words in Sch. 4 para. 1(3) substituted (31.12.2018) by The Universal Credit and Jobseeker's Allowance (Miscellaneous Amendments) Regulations 2018 (S.I. 2018/1129), regs. 1(3), 3(6)(a)

F2 Words in Sch. 4 para. 1(4)(b) omitted (11.4.2018) by virtue of The Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations 2018 (S.I. 2018/65), regs. 1(4), 3(13)(a)(i) (with reg. 8(2)(3))

F3 Words in Sch. 4 para. 1(4)(c) omitted (11.4.2018) by virtue of The Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations 2018 (S.I. 2018/65), regs. 1(4), 3(13)(a)(ii) (with reg. 8(2)(3))

Interpretation U.K.

2.  In this Schedule—

[F4 “domestic violence” has the meaning given by regulation 98(4);]

[F5 “exempt accommodation” has the meaning given in paragraph 4(10) of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006;]

“extended benefit unit” has the meaning given in paragraph 9;

“Housing Act functions” means functions under section 122 of the Housing Act 1996 M1 (functions of rent officers in connection with universal credit, housing benefit and rent allowance subsidy and housing credit);

“housing cost contribution” has the meaning given in paragraph 13;

“joint renter” has the meaning given in paragraph 1(2);

“listed persons”, in relation to a renter, means—

(a)

the renter;

(b)

where the renter is a member of a couple, the other member of the couple; and

(c)

any child or qualifying young person for whom the renter (or either joint renter) is responsible;

[F6 “member of the armed forces” means a member of the regular forces or the reserve forces within the meaning of section 374 of the Armed Forces Act 2006 M2 ;]

“non-dependant” has the meaning given in paragraph 9(2);

“provider of social housing” means—

(a)

a local authority;

(b)

a non-profit registered provider of social housing;

(c)

in relation to accommodation which is social housing, a profit-making registered provider of social housing;

(d)

a registered social landlord;

“registered social landlord” means—

(a)

a body which is registered in the register maintained by the Welsh Ministers under Chapter 1 of Part 1 of the Housing Act 1996 M3 ;

(b)

a body which is registered in the register maintained by the Scottish Housing Regulator under section 20(1) of the Housing (Scotland) Act 2010 M4 ;

[F7 “relative” has the meaning given by section 63(1) of the Family Law Act 1996;]

“relevant payments” has the meaning given in paragraph 3;

“the Rent Officers Order 2013” means the Rent Officers (Universal Credit Functions) Order 2013 M5 ;

“renter” means a single renter within the meaning of paragraph 1(2) or each of joint renters;

“renter who requires overnight care” is to be understood in accordance with paragraph 12(3) to (5);

“shared accommodation” has the meaning given in paragraph 27;

“social housing” has the meaning given in sections 68 to 77 of the Housing and Regeneration Act 2008 M6 .

Textual Amendments

F4 Words in Sch. 4 para. 2 inserted (1.10.2022) by The Housing Benefit and Universal Credit (Victims of Domestic Abuse and Victims of Modern Slavery) (Amendment) Regulations 2022 (S.I. 2022/942), regs. 1(1), 3(2)(a)

F5 Words in Sch. 4 para. 2 substituted (3.11.2014) by The Housing Benefit and Universal Credit (Supported Accommodation) (Amendment) Regulations 2014 (S.I. 2014/771), regs. 1(3), 2(3)

F6 Words in Sch. 4 para. 2 inserted (29.4.2013) by The Universal Credit (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/803), regs. 1, 2(3)(a)

F7 Words in Sch. 4 para. 2 inserted (1.10.2022) by The Housing Benefit and Universal Credit (Victims of Domestic Abuse and Victims of Modern Slavery) (Amendment) Regulations 2022 (S.I. 2022/942), regs. 1(1), 3(2)(b)

Marginal Citations

M1 1996 c.52. Section 122 was amended by section 127 of, and paragraph 60 of Schedule 7 to, the Local Government Act 2003 (c.26), section 40 of, and paragraph 12 of Schedule 5 to, and section 67 of, Schedule 8 to, the Welfare Reform Act 2007 (c.5).

M2 2006 c.52.

M3 1996 c.52. Section 1(1) was amended by section 61(1) and 3 of the Housing and Regeneration Act 2008 (c.17) and paragraph 83 of Schedule 16, and Part 6 of Schedule 18, to the Government of Wales Act 1998 (c.38).

M4 2010 (asp 17).

M5 S.I. 2013/382

M6 2008 c.17.

“Relevant payments” for purposes of this Schedule U.K.

3.—(1) “ Relevant payments” means one or more payments of any of the following descriptions—

(a) rent payments;

(b) service charge payments.

(2) “Rent payments”, in relation to any calculation under Part 4 or 5 of this Schedule, has the meaning given in paragraph 2 of Schedule 1.

(3) “Service charge payments”—

(a) for the purposes of calculations under Part 4 of this Schedule, has the meaning given in paragraph 7 of Schedule 1;

(b) for the purposes of calculations under Part 5 of this Schedule, is to be understood in accordance with paragraphs 7 and 8 of Schedule 1.