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

Citation, commencement and transitional provision

1.—(1) These Regulations may be cited as the Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 and come into force on 1st April 2017.

(2) Where an amendment made by regulation 6 applies in respect of an existing award of universal credit, that amendment has effect for the purposes of that award—

(a)

(a) on 1st April 2017, if there is an assessment period for the award that begins on that day; or

(b)

(b) if sub-paragraph (a) does not apply, on the first day of the next assessment period for the award beginning after that day.

(3) In this regulation—

“assessment period” has the meaning given by section 7(2) of the Welfare Reform Act 2012;

“existing award of universal credit” means an award of universal credit that exists on 1st April 2017.

Amendments to the Rent Officers (Housing Benefit Functions) Order 1997

2.—(1) Schedule 2 (size criteria) to the Rent Officers (Housing Benefit Functions) Order 1997⁶is amended as follows.

(2) In paragraph 1—

(a)

(a) before sub-paragraph (a) insert—

“(za)

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

(zb)

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

(b)

(b) in sub-paragraph (a) omit “(within the meaning of Part VII of the Social Security Contributions and Benefits Act 1992)”;

(c)

(c) in the full-out words at the end—

(3) In paragraph 1A, for sub-paragraph (a) substitute—

“(a)

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

(4) In paragraph 3—

(a)

(a) after “child who cannot share a bedroom” insert “, “couple”, “member of a couple who cannot share a bedroom”;

(b)

(b) at the end insert “and reference to a member of a couple who can share a bedroom is to be construed in accordance with regulation 2(6) of those Regulations”.

Amendments to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997

3.—(1) Schedule 2 (size criteria) to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997⁷is amended as follows.

(2) In paragraph 1—

(a)

(a) before sub-paragraph (a) insert—

“(za)

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

(zb)

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

(b)

(b) in sub-paragraph (a) omit “(within the meaning of Part VII of the Social Security Contributions and Benefits Act 1992)”;

(c)

(c) in the full-out words at the end—

(3) In paragraph 1A, for sub-paragraph (a) substitute—

“(a)

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

(4) In paragraph 3—

(a)

(a) after “child who cannot share a bedroom” insert “, “couple”, “member of a couple who cannot share a bedroom”;

(b)

(b) at the end insert “and reference to a member of a couple who can share a bedroom is to be construed in accordance with regulation 2(6) of those Regulations”.

Amendments to the Housing Benefit Regulations 2006

4.—(1) The Housing Benefit Regulations 2006⁸are amended as follows.

(2) In regulation 2 (interpretation)—

(a)

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

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

(a) who is in receipt of—

(i) attendance allowance at the higher rate in accordance with section 65(3) of the Act;

(ii) the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;

(iii) the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; or

(iv) armed forces independence payment; and

(b) whom the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with the other member of the couple;”;

(b)

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

(c)

(c) after paragraph (5) insert—

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

(a)

(a) in paragraph (5)—

(b)

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

“(a)

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

(ab)

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

(c)

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

(d)

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

“(e)

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

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

(a)

(a) in paragraph (3)—

(b)

(b) in paragraph (3A), for sub-paragraph (a) substitute—

“(a)

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

(5) In regulation 114A (information to be provided to rent officers), in paragraph (9)(ca), for “the claimant or the claimant’s partner” substitute “any person mentioned in regulation 13D(3A)(a)”.

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

(a)

(a) for paragraph (f) substitute—

“(f)

“(f) any person mentioned in paragraph 1A(a) of Schedule 2 to the Rent Officers Order becomes or ceases to be a person who requires overnight care where that affects the size criteria, as set out in that Schedule to that Order, applicable in the claimant’s case;”;

(b)

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