The Universal Credit (Miscellaneous Amendments) Regulations 2013

• Citation: S.I. 2013/803
• Sections: 3

Section 1 Citation and Commencement

These Regulations may be cited as the Universal Credit (Miscellaneous Amendments) Regulations 2013 and come into force on 29th April 2013.

Section 2 Amendment of the Universal Credit Regulations 2013

(1) The Universal Credit Regulations 2013 are amended in accordance with this regulation.

(2) In regulation 2 (Interpretation) after the definition of “additional statutory paternity pay” insert—

“adopter” has the meaning in regulation 89(3)(a);

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

(a) in paragraph 2 (Interpretation) after the definition of “listed persons” insert—

“member of the armed forces” means a member of the regular forces or the reserve forces within the meaning of section 374 of the Armed Forces Act 2006 ;

(b) in paragraph 11 (Temporary absence of member of renter’s extended benefit unit)—

(i) in sub-paragraph (4)(b) after “and” insert “, in the circumstances specified in sub-paragraph (5) (a) to (c),”;

(ii) in sub-paragraph (5) after paragraph (c) insert—

(d) any period during which a non-dependant who is the son, daughter, step-son or step-daughter of a renter or joint renters is a member of the armed forces away on operations.

(c) in the heading to paragraph 12 (Additional room where renter requires overnight care) after “room” omit “where renter requires overnight care”;

(d) in paragraph 12 after sub-paragraph (5) add—

(6) A renter who is a single person is entitled to one additional bedroom if the renter is—

(a) a foster parent; or

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

and joint renters are entitled to one additional bedroom if one or both of them is a person described in paragraph (a) or (b).

(7) For the purposes of sub-paragraph (6) “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.

(8) In a case where a renter or joint renters would be entitled to an additional bedroom by virtue of sub-paragraph (1) or (2) and by virtue of sub-paragraph (6) they are entitled to two additional bedrooms.

(e) in paragraph 16 (No deduction for housing cost contributions in respect of certain non-dependants) in sub-paragraph (2) after paragraph (i) insert—

(j) a person who is a member of the armed forces away on operations who—

(i) is the son, daughter, step-son or step-daughter of a renter or joint renters, and

(ii) resided with the renter or joint renters immediately before leaving to go on operations and intends to return to reside with the renter or joint renters at the end of the operations.

Section 3 Amendment of the Universal Credit (Transitional Provisions) Regulations 2013

(1) The Universal Credit (Transitional Provisions) Regulations 2013 are amended in accordance with this regulation.

(2) In regulation 10 (Housing) after paragraph (b), insert—

(ba) reside in the same household as a person who is a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006) and who is absent from the household in connection with that role;

(3) In regulation 11 (Caring responsibilities)—

(a) paragraphs (a) to (e) and the words which precede them form paragraph (1);

(b) after paragraph (1)(c), insert—

(ca) be a foster parent;

(c) after paragraph (1), insert—

(2) For the purposes of this regulation—

“foster parent” means—

in relation to England, a person who is approved as a foster parent under the Fostering Services (England) Regulations 2011 ;

in relation to Wales, a person who is approved as a foster parent under the Fostering Services (Wales) Regulations 2003 ;

in relation to Scotland, a person who is approved as a kinship carer or a foster carer under the Looked After Children (Scotland) Regulations 2009 .