3.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) to (5).
(2) In regulation 2(1) (interpretation)—
(a)after the definition of “maximum rent (LHA)”(2) insert—
““member of a couple who cannot share a bedroom” means a member of a couple—
who is in receipt of —
attendance allowance at the higher rate in accordance with section 65(3) of the Act;
the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;
the daily living component of personal independence payment in accordance with Article 83 of the 2015 Order; or
armed forces independence payment; and
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”(3) 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(4) (determination of maximum rent (LHA))—
(a)in paragraph (3)(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 (ba)(6) 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)(7) 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(8) 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)(9) 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(10) 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)a child or young person in respect of whom the tenant or the tenant’s partner is a qualifying parent or carer; or”
(5) 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)(11) after “child who cannot share a bedroom” insert “or a member of a couple who cannot share a bedroom”.
S.R. 2006 No. 406; relevant amending Regulations are S.R. 2008 No. 102, S.R. 2011 No. 51, S.I. 2013/3021, S.R. 2016 No. 228 and S.R. 2016 No. 326
Definition of “maximum rent (LHA)” was inserted by regulation 2(2)(f) of S.R. 2008 No. 102
Definition of “person who requires overnight care” was inserted by regulation 3(2) of S.R. 2011 No. 51 and amended by Article 27(2)(c)(ii) of S.I. 2013/3021 and regulation 31(2)(c)(iii) of S.R. 2016 No. 228
Regulations 14 to14F were substituted for regulation 14 by regulation 2(7) of S.R. 2008 No. 102
Paragraph (3) was regulation 3(5)(b) of S.R. 2011 No. 51 and regulation 4(3)(b) of S.R. 2016 No. 326
Sub-paragraph (ba) was inserted by regulation 4(3)(b)(i) of S.R. 2016 No. 326
Paragraph (3A) was inserted by regulation 3(3)(c) of S.R. 2016 No.326
Paragraph 10 was amended by regulation 4(5)(a) of S.R. 2016 No. 326
Sub-paragraph (ba) was inserted by regulation 4(5)(a) of S.R. 2016 No. 326
Paragraph 10A of Schedule 2 was substituted by regulation 4(5)(b) of S.R. 2016 No. 326
Sub-paragraph (h) was inserted by regulation 4(6)(a) of S.R. 2016 No. 326