The Housing Benefit and Universal Credit (Supported Accommodation) (Amendment) Regulations 2014

• Citation: S.I. 2014/771
• Sections: 3

Section 1 Citation and commencement

(1) These Regulations may be cited as the Housing Benefit and Universal Credit (Supported Accommodation) (Amendment) Regulations 2014.

(2) This regulation and regulation 3 come into force on 10th April 2014.

(3) Regulation 2 comes into force on 3rd November 2014.

Section 2 Amendment of the Universal Credit Regulations 2013

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

(2) In Schedule 1 (meaning of payments in respect of accommodation)—

(a) in paragraph 1 (interpretation)—

(i) for the definition of “exempt accommodation” substitute—

“exempt accommodation” has the meaning given in paragraph 4(10) of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 ;

(ii) omit the definition of “upper-tier county council”.

(b) in paragraph 3 (payments excluded from being rent payments)—

(i) omit paragraph (e);

(ii) after paragraph (g) add—

(h) payments in respect of accommodation specified in paragraph 3A.

(c) after paragraph 3 insert—

Specified accommodation

(3A)

(1) The accommodation referred to in paragraph 3(h) is accommodation to which one or more of the following sub-paragraphs applies.

(2) This sub-paragraph applies to accommodation which is exempt accommodation.

(3) This sub-paragraph applies to accommodation—

(a) which is provided by a relevant body;

(b) into which the claimant has been admitted in order to meet a need for care, support or supervision; and

(c) where the claimant receives care, support or supervision.

(4) This sub-paragraph applies to accommodation which—

(a) is provided by a local authority or a relevant body to the claimant because the claimant has left the home as a result of domestic violence; and

(b) consists of a building, or part of a building, which is used wholly or mainly for the non-permanent accommodation of persons who have left their homes as a result of domestic violence.

(5) This sub-paragraph applies to accommodation—

(a) which would be a hostel within the meaning of paragraph 29(10) (renters excepted form shared accommodation) of Schedule 4 (housing costs element for renters) but for it being owned or managed by a local authority; and

(b) where the claimant receives care, support or supervision.

(6) In this paragraph—

“domestic violence” has the meaning given in regulation 98 (victims of domestic violence) ;

“relevant body” means a—

council for a county in England for each part of which there is a district council;

housing association;

registered charity; or

voluntary organisation

(3) In Schedule 4 (housing costs element for renters) in paragraph 2 (interpretation) for the definition of “exempt accommodation” substitute—

“exempt accommodation” has the meaning given in paragraph 4(10) of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 ;

Section 3 Amendment of the Housing Benefit Regulations 2006

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

(2) In regulation 75C(2)(a) (manner of calculating the amount of welfare benefits) for “exempt accommodation within the meaning paragraph 4(10) of Schedule 3 to the Consequential Provisions Regulations” substitute “accommodation specified in regulation 75H (specified accommodation)”.

(3) After regulation 75G (interpretation) insert—

Specified accommodation

(75H)

(1) The accommodation referred to in regulation 75C(2)(a) is accommodation to which one or more of the following paragraphs applies.

(2) This paragraph applies to accommodation which is exempt accommodation within the meaning of paragraph 4(10) of Schedule 3 to the Consequential Provisions Regulations.

(3) This paragraph applies to accommodation—

(a) which is provided by a relevant body;

(b) into which the claimant has been admitted in order to meet a need for care, support or supervision; and

(c) where the claimant receives care, support or supervision.

(4) This paragraph applies to accommodation which—

(a) is provided by a relevant authority or a relevant body to the claimant because the claimant has left the home as a result of domestic violence; and

(b) consists of a building, or part of a building, which is used wholly or mainly for the non-permanent accommodation of persons who have left their homes as a result of domestic violence.

(5) This paragraph applies to accommodation—

(a) which would be a hostel within the meaning of regulation 2(1) (interpretation) but for it being owned or managed by a relevant authority; and

(b) where the claimant receives care, support or supervision.

(6) In this regulation—

“coercive behaviour” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten the victim;

“controlling behaviour” means an act designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance or escape or regulating their everyday behaviour;

“domestic violence” means any incident, or pattern of incidents, of controlling behaviour, coercive behaviour, violence or abuse, including but not limited to—

psychological abuse;

physical abuse;

sexual abuse;

emotional abuse;

financial abuse,

regardless of the gender or sexuality of the victim;

“relevant body” means a—

council for a county in England for each part of whose area there is a district council;

housing association;

registered charity; or

voluntary organisation.