The Universal Credit (Housing Costs Element for claimants aged 18 to 21) (Amendment) Regulations 2017

Entitlement to housing costs element

2.—(1) The Universal Credit Regulations 2013(1) are amended as follows.

(2) In regulation 6(1A) (rounding)—

(a) for “regulations” substitute “provisions”;

(b) after paragraph (b) insert—

“; and

(c) paragraph 4C of Schedule 4 (persons to whom paragraph 4A does not apply – periods of work).”.

(3) In Schedule 4 (housing costs element for renters)—

(a) in paragraph 1(3) for “an exception” substitute “exceptions”;

(b) in the heading of Part 2 (exception to inclusion of housing costs element) for “Exception” substitute “Exceptions”;

(c) in Part 2, after paragraph 4 insert—

“No housing costs element for certain renters aged at least 18 but under 22

4A.   Section 11(1) of the Act does not apply to a renter who—

(a) is at least 18 but under 22 years old;

(b) falls within section 22 of the Act (claimants subject to all work-related requirements); and

(c) is a single person (or a member of a couple claiming as a single person).

Persons to whom paragraph 4A does not apply – general

4B.— (1) Paragraph 4A does not apply where—

(a) the renter is responsible for a child or a qualifying young person;

(b) the renter satisfies paragraph 29(2), (5)(a) or (c), (6), (7), (8) or (9) (renters excepted from shared accommodation), whether or not the renter is a person to whom Part 4 (private rented sector and temporary accommodation) applies;

(c) the renter meets the occupation condition in respect of temporary accommodation (within the meaning of paragraph 21);

(d) the renter is unable to live with their parents because—

(i) the renter has no parent; or

(ii) neither parent occupies accommodation as their home in Great Britain;

(e) in the opinion of the Secretary of State it is inappropriate for the renter to live with each of their parents, including (but not limited to) in circumstances where there would be a serious risk to the renter’s physical or mental health, or the renter would suffer significant harm, if the renter lived with them;

(f) the renter’s expected number of hours per week determined under regulation 88 (expected hours) is fewer than 35;

(g) regulation 99(3) or (4) (circumstances in which requirements must not be imposed) applies to the renter; or

(h) domestic violence has been inflicted on or threatened against the renter by the renter’s partner or former partner or by a family member.

(2) In this paragraph, “domestic violence” and “family member” have the meanings given in regulation 98 (domestic violence).

Persons to whom paragraph 4A does not apply – periods of work

4C.— (1) Paragraph 4A does not apply to a renter in an assessment period where the renter’s earned income is equal to or exceeds the amount that a person would be paid at the hourly rate set out in—

(a) unless paragraph (b) applies, regulation 4A(1)(b) of the National Minimum Wage Regulations; or

(b) where the renter was employed under a contract of apprenticeship on the last day of the assessment period, regulation 4A(1)(d) of the National Minimum Wage Regulations,

for 16 hours per week, converted to a net monthly amount by multiplying by 52 and dividing by 12.

(2) Paragraph 4A does not apply to a renter for a period of 6 consecutive months that begins on the most recent of the following days in respect of which the relevant condition in sub-paragraph (3) is met—

(a) the first day of the renter’s first assessment period;

(b) the first day of an assessment period (which is not the renter’s first assessment period) in which the renter’s earned income is less than the threshold.

(3) The relevant condition is—

(a) in the case of sub-paragraph (2)(a), the renter’s earned income was equal to or exceeded the threshold in each of the 6 calendar months ending before the calendar month in which the claim for universal credit was made;

(b) in the case of sub-paragraph (2)(b)—

(i) the renter’s earned income was equal to or exceeded the threshold in each of the 6 assessment periods immediately preceding the day mentioned in sub-paragraph (2)(b); or

(ii) where there are fewer than 6 assessment periods immediately preceding that day, the renter’s earned income was equal to or exceeded the threshold in each of the 6 months comprised of:

(aa) the assessment periods immediately preceding the day mentioned in sub-paragraph (2)(b); and

(ab) the number of calendar months (ending before the calendar month in which the claim for universal credit was made) that are required to complete the 6 month period.

(4) In this paragraph—

“earned income” does not include income a person is treated as having by virtue of regulation 62 (minimum income floor);

“threshold” is the amount that a person would be paid at the hourly rate set out in—

(a)

unless paragraph (b) applies, regulation 4A(1)(b) of the National Minimum Wage Regulations;

(b)

where the renter was employed under a contract of apprenticeship for the duration of the 6 month period applicable under sub-paragraph (3), regulation 4A(1)(d) of the National Minimum Wage Regulations,

for 16 hours per week, converted to a net monthly amount by multiplying by 52 and dividing by 12..”.

(1)

S.I. 2013/376. Regulation 6(1A) was inserted by S.I. 2015/1754. There are other amending instruments but none is relevant.