5.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(1) 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—
who is in receipt of—
attendance allowance at the higher rate in accordance with section 65(3) of the Act;
the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;
the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; or
armed forces independence payment; and
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”.
S.I. 2006/214; relevant amending instruments are S.I. 2007/2869, 2010/2835, 2013/591, 2013/665 and 2013/2828.