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—
- a
who is in receipt of—
- i
attendance allowance at the higher rate in accordance with section 65(3) of the Act;
- ii
the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;
- iii
the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; or
- iv
armed forces independence payment; and
- 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”.