The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017

1.—(1) These Regulations may be cited as the Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017.

(2) This regulation and regulations 2 and 3 come onto operation on 20th April 2017.

(3) Regulation 4 comes into operation on the day on which Article 6 of the Welfare Reform (Northern Ireland) Order 2015 (universal credit) comes into operation for all purposes in respect of the whole or any part of Northern Ireland.

(4) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Assembly.

2.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(4) are amended in accordance with paragraphs (2) to (6).

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

(a)after the definition of “maximum rent (LHA)”(5) insert—

““member of a couple who cannot share a bedroom” means a member of a couple—

(b)in the definition of “person who requires overnight care”(6), in paragraph (a)(iii), after “provided” insert “or, where P is a child, the claimant has provided,”;”.

(c)after paragraph (7) insert—

“(8)For the purposes 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 B14(7) (determination of a maximum rent (social sector))—

(a)in paragraph (5)—

(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 VII of the Act)”;

(b)in paragraph (6), for sub-paragraph (a) substitute—

“(a)one or more relevant persons in paragraph (9)(a), (b) or (e) is a person who requires overnight care;

(ab)one or more relevant persons in paragraph (9)(c) or (d) is a person who requires overnight care; or”;

(c)in paragraph (7), in sub-paragraph (b), for “a sub-paragraph of paragraph (6)” substitute “paragraph (6)(b)”;

(d)in paragraph (9), after sub-paragraph (d) insert—

“(e)for the purposes of paragraph (6)(a)—

(i)a person (other than the claimant, the claimant’s partner, P or P’s partner) who occupies the claimant’s dwelling as their home;

(ii)a child or young person in respect of whom a relevant person under sub-paragraphs (a) to (e)(i) is a qualifying parent or carer.”.

(4) In regulation 14D(8) (determination of maximum rent (LHA))—

(a)in paragraph (3)(9)—

(i)before sub-paragraph (a) insert—

“(za)a member of couple who cannot share a bedroom;

(zb)a member of a couple who can share a bedroom;”;

(ii)in sub-paragraph (ba)(10) omit “provided that 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”;

(iii)after sub-paragraph (e)—

“but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom or a member of a couple 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 or the member of the couple were able to share a bedroom.”;

(b)in paragraph (3A)(11), 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”.

(5) In Part IV of Schedule 2 (size criteria)—

(a)in paragraph 10(12) 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;”;

(b)in sub-paragraph (ba)(13) omit “provided that 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”;

(c)after sub-paragraph (e)—

“but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom or a member of a couple 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 or the member of the couple were able to share a bedroom.”;

(d)for paragraph 10A(14) for sub-paragraph (a) substitute—

“(a)one or more of the following persons is stated as being a person who requires overnight care—

(i)the tenant;

(ii)the tenant’s partner;

(iii)a person (other than the tenant or the tenant’s partner) who occupies the dwelling as their home;

(iv)any child or young person in respect of whom the tenant or the tenant’s partner is a qualifying parent or carer; or”

(6) In Schedule 3 (excluded tenancies), in paragraph 2(3)—

(a)for paragraph (f) substitute—

“(f)any person mentioned in paragraph 10A of Schedule 2 becomes or ceases to be a person who requires overnight care where that affects the size criteria, as set out in Schedule 2, applicable in the claimant’s case;”;

(b)in paragraph (h)(15) after “child who cannot share a bedroom” insert “or a member of a couple who cannot share a bedroom”.

3.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(16) are amended in accordance with paragraphs (2) to (5).

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

(a)after the definition of “maximum rent (LHA)”(17) insert—

““member of a couple who cannot share a bedroom” means a member of a couple—

(b)in the definition of “person who requires overnight care”(18) in paragraph (a)(iii) after “provided” insert “or, where P is a child, the claimant has provided,”;

(c)after paragraph (8) insert—

“(9)For the purposes 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 14D(19) (determination of maximum rent (LHA))—

(a)in paragraph (3)(20)—

(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 (ba)(21) omit “provided that 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”;

(iii)after sub-paragraph (e)—

“but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom or a member of a couple 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 or the member of the couple were able to share a bedroom.”;

(b)in paragraph (3A)(22) 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 Part IV of Schedule 2 (size criteria)—

(a)in paragraph 10(23) 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;”;

(b)in sub-paragraph (ba)(24) omit “provided that 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...