Search Legislation

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

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

This section has no associated Explanatory Memorandum

5.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(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)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)after paragraph (6) insert—

(7) For the purpose 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 13D (determination of a maximum rent (LHA))—

(a)in paragraph (3)—

(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 7 of the Act)”;

(iii)in the full-out words at the end—

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

(bb)after “the child” insert “or the member of the couple”.

(b)in paragraph (3A), 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 regulation 95A (information to be provided to rent officers), in paragraph (9)(ba), for “the claimant or the claimant’s partner” substitute “any person mentioned in regulation 13D(3A)(a)”.

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

(a)for paragraph (e) substitute—

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

(1)

S.I. 2006/214; relevant amending instruments are S.I. 2007/2869, 2010/2835, 2013/591, 2013/665 and 2013/2828.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources