The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013

• Citation: S.I. 2013/2828
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013 and come into force on 4th December 2013.

Section 2 Amendment of the Housing Benefit Regulations 2006

(1) The Housing Benefit Regulations 2006 are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “child tax credit” insert—

“child who cannot share a bedroom” means a child—

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

who the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with another child;

(b) in the definition of “young individual” —

(i) at the end of paragraph (g) omit “or”;

(ii) after paragraph (h) add—

or;

(i) who is a qualifying parent or carer;

(3) In regulation B13 (determination of a maximum rent (social sector)) —

(a) in paragraph (5) after sub-paragraph (b) insert—

(ba) a child who cannot share a bedroom;

(b) in paragraph (6)(a) and (b) for “the claimant or the claimant’s partner is (or each of them is)” substitute “a relevant person is”;

(c) for paragraph (7) substitute—

(7) Where—

(a) more than one sub-paragraph of paragraph (6) applies the claimant is entitled to an additional bedroom for each sub-paragraph that applies;

(b) more than one person falls within a sub-paragraph of paragraph (6) the claimant is entitled to an additional bedroom for each person falling within that sub-paragraph, except that where a person and that person’s partner both fall within the same sub-paragraph the claimant is entitled to only one additional bedroom in respect of that person and that person’s partner.

(d) after paragraph (8) add—

(9) In this regulation “relevant person” means—

(a) the claimant;

(b) the claimant’s partner;

(c) a person (“P”) other than the claimant or the claimant’s partner who is jointly liable with the claimant or the claimant’s partner (or both) to make payments in respect of the dwelling occupied as the claimant’s home;

(d) P’s partner.

(4) In regulation 13D (determination of a maximum rent ( LHA )) in paragraph (3)—

(a) after sub-paragraph (b) insert—

(ba) a child who cannot share a bedroom;

(b) after sub-paragraph (e) add—

but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom if there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child were able to share a bedroom.

(5) In regulation 14(8) (requirement to refer to rent officers) in the definition of “change relating to a rent allowance” for “or (g)” substitute “, (g) or (h)”.

(6) In paragraph 2(3) of Schedule 2 (excluded tenancies) after paragraph (g) add—

(h) an occupier becomes or ceases to be a child who cannot share a bedroom where that affects the size criteria, as set out in Schedule 2 to the Rent Officers Order, applicable in the claimant’s case.

Section 3 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2) After the definition of “child tax credit” in regulation 2(1) (interpretation) insert—

“child who cannot share a bedroom” means a child—

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

who the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with another child;

(3) In regulation 13D (determination of a maximum rent (LHA)) in paragraph (3)—

(a) after sub-paragraph (b) insert—

(ba) a child who cannot share a bedroom;

(b) after sub-paragraph (e) add—

but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom if there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child were able to share a bedroom.

(4) In regulation 14(8) (requirement to refer to rent officers) in the definition of “change relating to a rent allowance” for “or (f)” substitute “, (f) or (g)”.

(5) In paragraph 2(3) of Schedule 2 (excluded tenancies) after paragraph (f) add—

(g) an occupier becomes or ceases to be a child who cannot share a bedroom where that affects the size criteria, as set out in Schedule 2 to the Rent Officers Order, applicable in the claimant’s case.

Section 4 Amendment of the Universal Credit Regulations 2013

(1) Schedule 4 to the Universal Credit Regulations 2013 is amended as follows.

(2) In paragraph 9—

(a) in sub-paragraph (2) after “if the person” insert “normally”;

(b) after sub-paragraph (2)(f) insert—

(g) a child or qualifying young person for whom no-one in the renter’s extended benefit unit is responsible.

(3) For paragraph 12 substitute—

Additional room

(12)

(1) A renter is entitled to an additional bedroom if they satisfy any of the following conditions—

(a) the overnight care condition (see sub-paragraph (3));

(b) the foster parent condition (see sub-paragraphs (4) and (5)); or

(c) the disabled child condition (see sub-paragraph (6)).

(2) Sub-paragraph (1) applies subject to sub-paragraphs (7) to (9).

(3) A renter satisfies the overnight care condition if—

(a) they are in receipt of—

(i) the care component of disability living allowance at the middle or highest rate;

(ii) attendance allowance; or

(iii) the daily living component of personal independence payment;

(b) one or more persons who do not live in the renter’s accommodation are engaged to provide overnight care for the renter and to stay overnight in the accommodation on a regular basis; and

(c) overnight care is provided under arrangements entered into for that purpose.

(4) A renter satisfies the foster parent condition if the renter is—

(a) a foster parent; or

(b) an adopter with whom a child has been placed for adoption.

(5) For the purposes of sub-paragraph (4) “foster parent” includes a person who would be a foster parent, but for the fact that they do not currently have any child placed with them, provided that any period since the date when their last placement ended (or, if they have not yet had a child placed with them, since the date when they were approved to be a foster parent) does not exceed 12 months.

(6) A renter satisfies the disabled child condition if they or another member of their extended benefit unit are responsible for a child who would (but for the provisions of this paragraph) be expected to share a bedroom and that child is—

(a) in receipt of the care component of disability living allowance at the middle or highest rate; and

(b) by virtue of their disability, not reasonably able to share a room with another child.

(7) Where a renter, or one or both of joint renters, satisfy—

(a) the overnight care condition; or

(b) the foster parent condition,

or both, they are entitled to one additional bedroom by virtue of satisfying each condition.

(8) Where a renter, or one or both of joint renters, satisfy the disabled child condition in relation to one or more children, they are entitled to as many additional bedrooms as are necessary to ensure that each such child has their own bedroom.

(9) Where a renter, or one or both of joint renters, satisfy two or more of—

(a) the overnight care condition;

(b) the foster parent condition; or

(c) the disabled child condition,

the total number of additional bedrooms they are entitled to is determined by adding together the number of additional bedrooms which they are entitled to by virtue of satisfying each of those conditions.