Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20065

1

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 20069 are amended as follows.

2

In regulation 2 (interpretation)—

a

after the definition of “maximum rent (LHA)” insert—

  • “member of a couple who cannot share a bedroom” means a member of a couple—

    1. a

      who is in receipt of—

      1. i

        attendance allowance at the higher rate in accordance with section 65(3) of the Act;

      2. ii

        the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;

      3. iii

        the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; or

      4. iv

        armed forces independence payment; and

    2. b

      whom the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with the other member of the couple;

b

in the definition of “person who requires overnight care” in paragraph (a)(iii) after “provided” insert “or, where P is a child, the claimant has provided”;

c

after paragraph (6) insert—

7

For the purpose of these Regulations, reference to a member of a couple who can share a bedroom is to a member of a couple where the other member of the couple is a member of a couple who cannot share a bedroom.

3

In regulation 13D (determination of a maximum rent (LHA))—

a

in paragraph (3)—

i

before sub-paragraph (a) insert—

za

a member of a couple who cannot share a bedroom;

zb

a member of a couple who can share a bedroom;

ii

in sub-paragraph (a) omit “(within the meaning of Part 7 of the Act)”;

iii

in the full-out words at the end—

aa

after “a child who cannot share a bedroom” insert “or a member of a couple who cannot share a bedroom”;

bb

after “the child” insert “or the member of the couple”.

b

in paragraph (3A), for sub-paragraph (a) substitute—

a

one or more of the following persons is a person who requires overnight care—

i

the claimant;

ii

the claimant’s partner;

iii

a person (other than the claimant or the claimant’s partner) who occupies the claimant’s dwelling as their home;

iv

a child or young person in respect of whom the claimant or the claimant’s partner is a qualifying parent or carer; or

4

In regulation 95A (information to be provided to rent officers), in paragraph (9)(ba), for “the claimant or the claimant’s partner” substitute “any person mentioned in regulation 13D(3A)(a)”.

5

In Schedule 2 (excluded tenancies), in paragraph 2(3)—

a

for paragraph (e) substitute—

e

any person mentioned in paragraph 1A(a) of Schedule 2 to the Rent Officers Order becomes or ceases to be a person who requires overnight care where that affects the size criteria, as set out in that Schedule to that Order, applicable in the claimant’s case;

b

in paragraph (g) after “child who cannot share a bedroom” insert “or a member of a couple who cannot share a bedroom”.