The Universal Credit Regulations 2013

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[F1Additional room]U.K.

This section has no associated Explanatory Memorandum

12.—[F2(A1) A renter is entitled to an additional bedroom if one or more of the following persons satisfies the overnight care condition (see sub-paragraph (3))—

(a)the renter;

(b)a person in the renter’s extended benefit unit;

(c)a child in respect of whom the renter satisfies the foster parent condition (see sub-paragraphs (4) and (5)).]

[F1(1) A renter is entitled to an additional bedroom if they satisfy any of the following conditions—

F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the foster parent conditionF4...; or

(c)the disabled child condition (see sub-paragraph (6))[F5;

(d)the disabled person condition (see sub-paragraph (6A)).]

[F6(2) Sub-paragraphs (A1) and (1) apply subject to sub-paragraphs (8) and (9).]

(3) [F7A person satisfies] the overnight care condition if—

(a)they are in receipt of—

(i)the care component of disability living allowance at the middle or highest rate;

[F8(ia)the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;]

(ii)attendance allowance; F9...

(iii)the daily living component of personal independence payment [F10or;]

[F10(iv)the daily living component of adult disability payment at the standard or enhanced rate;]

(b)one or more persons who do not live in the renter’s accommodation are engaged to provide overnight [F11care for the person] and to stay overnight in the accommodation on a regular basis; and

(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 foster parent; or

(b)an adopter with whom a child has been placed for adoption.

(5) For the purposes of sub-paragraph (4) “foster parent” includes a person who would be a foster parent, but for the fact that they do not currently have any child placed with them, provided that any period since the date when their last placement ended (or, if they have not yet had a child placed with them, since the date when they were approved to be a foster parent) does not exceed 12 months.

(6) A renter satisfies the disabled child condition if they or another member of their extended benefit unit are responsible for a child who would (but for the provisions of this paragraph) be expected to share a bedroom and that child is—

(a)in receipt of the care component of disability living allowance at the middle or highest rate; and

[F12(aa)in receipt of the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;]

(b)by virtue of their disability, not reasonably able to share a room with another child.

[F13(6A) A renter satisfies the disabled person condition if they would (but for the provisions of this paragraph) be expected to share a bedroom with a joint renter and—

(a)the renter is in receipt of—

(i)the care component of disability living allowance at the middle or highest rate;

[F14(ia)the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;]

(ii)attendance allowance at the higher rate;

(iii)the daily living component of personal independence payment; F15...

[F16(iv)the daily living component of adult disability payment at the standard or enhanced rate; and]

(b)the renter is, by virtue of their disability, not reasonably able to share a bedroom with the joint renter.]

F17(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where a renter, or one or both of joint renters, satisfy the disabled child condition in relation to one or more children, they are entitled to as many additional bedrooms as are necessary to ensure that each such child has their own bedroom.

[F18(9) The renter is, or joint renters are, entitled to one additional bedroom for each of the following that apply—

(a)one or more persons satisfy the overnight care condition;

(b)the renter, or one or both of joint renters, satisfies the foster parent condition;

(c)the renter, or one or both of joint renters, satisfies the disabled child condition; or

(d)the renter, or one or both of joint renters, satisfies the disabled person condition.]]

Textual Amendments

F1Sch. 4 para. 12 substituted (4.12.2013) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013 (S.I 2013/2828), regs. 1, 4(3)

F2Sch. 4 para. 12(A1) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/213), regs. 1(1), 6(a)

F3Sch. 4 para. 12(1)(a) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/213), regs. 1(1), 6(b)(i)

F4Words in Sch. 4 para. 12(1)(b) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/213), regs. 1(1), 6(b)(ii)

F5Sch. 4 para. 12(1)(d) and semi-colon inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/213), regs. 1(1), 6(b)(iii)

F6Sch. 4 para. 12(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/213), regs. 1(1), 6(c)

F7Words in Sch. 4 para. 12(3) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/213), regs. 1(1), 6(d)(i)

F8Sch. 4 para. 12(3)(a)(ia) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 11 para. 8(2)(a)

F9Word in Sch. 4 para. 12(3)(a)(ii) omitted (21.3.2022) by virtue of The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 13(8)(a)(i)

F10Sch. 4 para. 12(3)(a)(iv) and word inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 13(8)(a)(ii)

F11Words in Sch. 4 para. 12(3)(b) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/213), regs. 1(1), 6(d)(ii)

F12Sch. 4 para. 12(6)(aa) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 11 para. 8(2)(b)

F13Sch. 4 para. 12(6A) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 (S.I. 2017/213), regs. 1(1), 6(e)