The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/2828 |
| Year | 2013 |
2013 No. 2828
Social Security
The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013
Made 31th October 2013
Laid before Parliament 7th November 2013
Coming into force 4th December 2013
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d), 130A(2) to (5), 137(1) and 175(1), (3) and (4) of the Social Security Contributions and Benefits Act 19921and sections 11(4), 40 and 42(2) of the Welfare Reform Act 20122.
In accordance with section 172(1) of the Social Security Administration Act 19923, the Secretary of State has referred these Regulations to the Social Security Advisory Committee.
In accordance with section 176(1) of the Social Security Administration Act 19924, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.
Citation and commencement
1. 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.
Amendment of the Housing Benefit Regulations 2006
2.—(1) The Housing Benefit Regulations 20065are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)
(a) after the definition of “child tax credit” insert—
““child who cannot share a bedroom” means a child—
(a) 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
(b) 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)
(b) in the definition of “young individual”6—
(i) at the end of paragraph (g) omit “or”;
(ii) after paragraph (h) add—
“or;
(i)
(i) who is a qualifying parent or carer;”.
(3) In regulation B13 (determination of a maximum rent (social sector))7—
(a)
(a) in paragraph (5) after sub-paragraph (b) insert—
“(ba)
“(ba) a child who cannot share a bedroom;”;
(b)
(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)
(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)
(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))8in paragraph (3)—
(a)
(a) after sub-paragraph (b) insert—
“(ba)
“(ba) a child who cannot share a bedroom;”;
(b)
(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”9for “or (g)” substitute “, (g) or (h)”.
(6) In paragraph 2(3) of Schedule 2 (excluded tenancies)10after paragraph (g) add—
“(h)
“(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.”.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
3.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200611are amended as follows.
(2) After the definition of “child tax credit” in regulation 2(1) (interpretation)12insert—
““child who cannot share a bedroom” means a child—
(a) 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
(b) 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))13in paragraph (3)—
(a)
(a) after sub-paragraph (b) insert—
“(ba)
“(ba) a child who cannot share a bedroom;”;
(b)
(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”14for “or (f)” substitute “, (f) or (g)”.
(5) In paragraph 2(3) of Schedule 2 (excluded tenancies)15after paragraph (f) add—
“(g)
“(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.”.
Amendment of the Universal Credit Regulations 2013
4.—(1) Schedule 4 to the Universal Credit Regulations 201316is amended as follows.
(2) In paragraph 9—
(a)
(a) in sub-paragraph (2) after “if the person” insert “normally”;
(b)
(b) after sub-paragraph (2)(f) insert—
“(g)
“(g) a child or qualifying young person for whom no-one in the renter’s extended benefit unit is responsible.”.
(3) For paragraph 1217substitute—
“Additional room
12.—(1) A renter is entitled to an additional bedroom if they satisfy any of the following conditions—
(a)
(a) the overnight care condition (see sub-paragraph (3));
(b)
(b) the foster parent condition (see sub-paragraphs (4) and (5)); or
(c)
(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)
(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)
(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)
(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) a foster parent; or
(b)
(b) an adopter with whom a child has...
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