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Regulation 25(2)

SCHEDULE 1U.K.Meaning of payments in respect of accommodation

GeneralU.K.

InterpretationU.K.

1.  In this Schedule—

“approved premises” means premises approved by the Secretary of State under section 13 of the Offender Management Act 2007 M1 (which contains provision for the approval etc. of premises providing accommodation for persons granted bail in criminal proceedings or for or in connection with the supervision or rehabilitation of persons convicted of offences);

“care home”—

(a)

in England F1..., means a care home within the meaning of section 3 of the Care Standards Act 2000 M2;

(aa)

[F2in Wales, means a place at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over;]

(b)

in Scotland, means a care home service within the meaning of paragraph 2 of Schedule 12 to the Public Services Reform (Scotland) Act 2010 M3; and

(c)

in [F3any of the above cases], includes an independent hospital;

[F4“exempt accommodation” has the meaning given in paragraph 4(10) of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006;]

“housing association” has the meaning given by section 1(1) of the Housing Associations Act 1985 M4;

“independent hospital”—

(a)

in England, means a hospital as defined by section 275 of the National Health Service Act 2006 M5 that is not a health service hospital as defined by that section;

(b)

in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000 M6;

(c)

in Scotland, means an independent health care service as defined in section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978 M7;

“registered charity” means a charity entered in the register of charities maintained under Part 4 of the Charities Act 2011 M8 or a body entered on the register of charities maintained under the Charities and Trustee Investment (Scotland) Act 2005 M9;

“shared ownership tenancy” has the meaning given in regulation 26(6);

“tent” means a moveable structure that is designed or adapted (solely or mainly) for the purpose of sleeping in a place for any period and that is not a caravan, a mobile home or a houseboat;

F5...

“voluntary organisation” means a body (other than a public or local authority) whose activities are carried on otherwise than for profit.

Textual Amendments

Marginal Citations

M22000 c.14. Section 3 was amended by section 95 of, and paragraph 4 of Schedule 5 to, the Care Standards Act 2008 (c.14).

M41985 c.69. An amendment to section 1(1) which was inserted by section 3 of, and paragraph 6 of Schedule 2 to, the Housing (Scotland) Act 1988 (c.43) was repealed by section 112 of, and paragraph 11 of Schedule 10 to, the Housing (Scotland) Act 2001 (asp 10).

M62000 c.14. Section 2 was amended by section 103 of the Health and Social Care (Community Health and Standards) Act 2003 (c.43); section 2 of, and paragraph 199 of Schedule 1 to, the National Health Service (Consequential Provisions) Act 2006 (c.43); section 95 of, and paragraph 3 of Schedule 5 to, the Health and Social Care Act 2008 (c.14); and by S.I. 2001/3968 and 2008/2352.

M71978 c.29. Section 10F was inserted by section 108 of the Public Services Reform (Scotland) Act 2010 (asp 8).

M92005 asp10.

Rent paymentsU.K.

Rent paymentsU.K.

2.  “Rent payments” are such of the following as are not excluded by paragraph 3—

(a)payments of rent;

(b)payments for a licence or other permission to occupy accommodation;

(c)mooring charges payable for a houseboat;

(d)in relation to accommodation which is a caravan or mobile home, payments in respect of the site on which the accommodation stands;

(e)contributions by residents towards maintaining almshouses (and essential services in them) provided by a housing association which is—

(i)a registered charity, or

(ii)an exempt charity within Schedule 3 to the Charities Act 2011.

Payments excluded from being rent paymentsU.K.

3.  The following are excluded from being “rent payments”—

(a)payments of ground rent;

(b)payments in respect of a tent or the site on which a tent stands;

(c)payments in respect of approved premises;

(d)payments in respect of a care home;

F6(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)payments which are owner-occupier payments [F7within the meaning of Schedule 1 of the Loans for Mortgage Regulations 2017];

(g)payments which are service charge payments within the meaning of paragraph 7;

[F8(h)payments in respect of accommodation specified in paragraph 3A];

[F9(i)payments in respect of accommodation specified in paragraph 3B.]

Textual Amendments

F7Words in Sch. 1 para. 3(f) substituted (with effect in accordance with regs. 19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 5(e)(i)

[F10Specified accommodationU.K.

3A.—(1) The accommodation referred to in paragraph 3(h) is accommodation to which one or more of the following sub-paragraphs applies.

(2) This sub-paragraph applies to accommodation which is exempt accommodation.

(3) This sub-paragraph applies to accommodation—

(a)which is provided by a relevant body;

(b)into which the claimant has been admitted in order to meet a need for care, support or supervision; and

(c)where the claimant receives care, support or supervision.

(4) This sub-paragraph applies to accommodation which—

(a)is provided by a local authority or a relevant body to the claimant because the claimant has left the home as a result of domestic violence; and

(b)consists of a building, or part of a building, which is used wholly or mainly for the non-permanent accommodation of persons who have left their homes as a result of domestic violence.

(5) This sub-paragraph applies to accommodation—

(a)which would be a hostel within the meaning of paragraph 29(10) (renters excepted form shared accommodation) of Schedule 4 (housing costs element for renters) but for it being owned or managed by a local authority; and

(b)where the claimant receives care, support or supervision.

(6) In this paragraph—

“domestic violence” has the meaning given in regulation 98 (victims of domestic violence);

“relevant body” means a—

(a)

council for a county in England for each part of which there is a district council;

(b)

housing association;

(c)

registered charity; or

(d)

voluntary organisation.]

Textual Amendments

[F11Temporary AccommodationU.K.

3B.—(1) The accommodation referred to in paragraph (3)(i) is accommodation which falls within Case 1 or Case 2.

(2) Case 1 is where—

(a)rent payments are payable to a local authority;

(b)the local authority makes the accommodation available to the renter—

(i)to discharge any of the local authority's functions under Part II of the Housing (Scotland) Act 1987 , Part VII of the Housing Act 1996 or Part 2 of the Housing (Wales) Act 2014 , or

(ii)to prevent the person being or becoming homeless within the meaning of Part II of the Housing (Scotland) Act 1987, Part VII of the Housing Act 1996 or Part 2 of the Housing (Wales) Act 2014; and

(c)the accommodation is not exempt accommodation.

(3) Case 2 is where—

(a)rent payments are payable to a provider of social housing other than a local authority;

(b)that provider makes the accommodation available to the renter in pursuance of arrangements made with it by a local authority—

(i)to discharge any of the local authority's functions under Part II of the Housing (Scotland) Act 1987, Part VII of the Housing Act 1996 or Part 2 of the Housing (Wales) Act 2014, or

(ii)to prevent the person being or becoming homeless within the meaning of Part II of the Housing (Scotland) Act 1987, Part VII of the Housing Act 1996 or Part 2 of the Housing (Wales) Act 2014; and

(c)the accommodation is not exempt accommodation.

(4) Sub-paragraph (1) applies irrespective of whether the renter is also liable to make service charge payments.

(5) In sub-paragraph (3), “provider of social housing” has the meaning given in paragraph 2 of Schedule 4.]

Textual Amendments

Owner-occupier paymentsU.K.

Owner-occupier paymentsU.K.

F124.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 1 paras. 4-6 omitted (with effect in accordance with regs. 19 - 21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 5(e)(ii)

Meaning of “loan interest payments”U.K.

F125.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 1 paras. 4-6 omitted (with effect in accordance with regs. 19 - 21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 5(e)(ii)

Meaning of “alternative finance payments”U.K.

F126.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 1 paras. 4-6 omitted (with effect in accordance with regs. 19 - 21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 5(e)(ii)

Service charge paymentsU.K.

Service charge paymentsU.K.

7.—(1) “Service charge payments” are payments which—

(a)fall within sub-paragraph (2);

(b)are not excluded by sub-paragraph (3); and

(c)in any case to which paragraph 8 applies, meet all of the conditions set out in that paragraph.

(2) The payments falling within this sub-paragraph are payments of amounts which are, in whole or in part—

(a)payments of, or towards, the costs of or charges for providing services or facilities for the use or benefit of persons occupying accommodation; or

(b)fairly attributable to the costs of or charges for providing such services or facilities connected with accommodation as are available for the use or benefit of persons occupying accommodation.

(3) Payments are excluded by this sub-paragraph where—

(a)[F13a qualifying loan within the meaning of regulation 2 of the Loans for Mortgage Interest Regulations 2017] was taken out for the purposes of making the payments; or

(b)the services or facilities to which the payments relate are provided for the use or benefit of any person occupying—

(i)a tent,

(ii)approved premises,

(iii)a care home, or

(iv)exempt accommodation.

(4) It is irrelevant for the purposes of sub-paragraph (2)—

(a)whether or not the payments are separately identified as relating to the costs or charges referred to in sub-paragraph (2);

(b)whether they are made in addition to or as part of any other payment (including a payment that would otherwise be regarded as a rent payment within the meaning of paragraph 2);

(c)whether they are made under the same or a different agreement as that under which the accommodation is occupied.

Textual Amendments

F13Words in Sch. 1 para. 7(3)(a) substituted (with effect in accordance with regs. 19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 5(e)(iii)

Additional conditions: social rented sector renters and owner-occupiersU.K.

8.—(1) This paragraph applies for the purposes of calculating the amount of housing costs element to be included in a claimant's award of universal credit but only as regards calculations made under—

(a)Part 5 of Schedule 4 (social rented sectorF14...); or

(b)Schedule 5 (housing costs element for owner-occupiers).

(2) The following are the conditions referred to in paragraph 7(1)(c).

(3) The first condition is that making the payments is a condition on which the right to occupy the accommodation depends.

(4) The second condition is that the payments fall within one or more of the following categories:

Category A - Payments to maintain the general standard of the accommodation

Payments within this category are for—

(a)the external cleaning of windows, but only in relation to upper floors of a multi-storey building;

(b)other internal or external maintenance or repair of the accommodation, but only where the payments are separately identifiable as relating to such maintenance or repair and payable by—

(i)a claimant who occupies accommodation under a shared ownership tenancy, or

(ii)a claimant in whose case any amount of housing costs element to be included in their award in respect of those payments would fall to be calculated under Schedule 5.

Category B - Payments for the general upkeep of areas of communal use

Payments within this category are for ongoing maintenance or cleaning of, and the supply of water, fuel or any other commodity relating to the common use of, internal or external areas, including areas for reasonable facilities (such as laundry rooms or children's play areas).

Category C - Payments in respect of basic communal services

Payments within this category are for provision, ongoing maintenance, cleaning or repair in connection with basic services generally available to all persons living in the accommodation (such as refuse collection, communal lifts, secure building access or wireless or television aerials to receive a service free of charge).

Category D – Accommodation-specific charges

Payments within this category are specific to the particular accommodation occupied by a claimant but are limited to payments for the use of essential items contained in it (such as furniture or domestic appliances).

(5) The third condition is that the costs and charges to which the payments relate are of a reasonable amount and relate to services or facilities of such description as it is reasonable to provide.

(6) The fourth condition is that the payments are none of the following—

(a)payments to the extent that they relate to the costs of or charges for providing services or facilities in respect of which payments out of public funds might otherwise be made (irrespective of whether the claimant has any entitlement to payments so made);

(b)payments in connection with the use of an asset which result in the transfer of the asset or any interest in it;

(c)payments to the extent that they relate to the costs of or charges for providing food, medical services or personal services (including personal care) of any description.

(7) Payments that are not service charge payments within the meaning of paragraph 7 by reason only that they fail to meet any of the conditions set out in sub-paragraphs (3) to (6) are nevertheless to be treated as if they were such service charge payments for the purposes of paragraphs 3(g) and 4(2).

Textual Amendments

Regulation 25(3)

SCHEDULE 2U.K.Claimant treated as liable or not liable to make payments

PART 1U.K.Treated as liable to make payments

Certain other persons liable to make paymentsU.K.

1.—(1) A claimant is to be treated as liable to make payments where the person who is liable to make the payments is—

(a)any child or qualifying young person for whom the claimant (or if the claimant is a member of a couple, either member) is responsible; or

(b)in the case of a claimant who is a member of a couple claiming as a single person, the other member of the couple.

(2) Sub-paragraph (1)(b) does not apply to a person who is claiming as a single person by virtue of regulation 3(4).

Failure to pay by the person who is liableU.K.

2.—(1) A claimant is to be treated as liable to make payments where all of the conditions specified in sub-paragraph (2) are met.

(2) These are the conditions—

(a)the person who is liable to make the payments is not doing so;

(b)the claimant has to make the payments in order to continue occupation of the accommodation;

(c)the claimant's circumstances are such that it would be unreasonable to expect them to make other arrangements;

(d)it is otherwise reasonable in all the circumstances to treat the claimant as liable to make the payments.

(3) In determining what is reasonable for the purposes of sub-paragraph (2)(d) in the case of owner-occupier payments, regard may be had to the fact that continuing to make the payments may benefit the person with the liability to make the payments.

Payments waived in return for repair workU.K.

3.  A claimant is to be treated as liable to make payments where—

(a)the liability to make payments is waived by the person (“P”) to whom the liability is owed; and

(b)the waiver of that liability is by way of reasonable compensation for reasonable repair or re-decoration works carried out by the claimant to the accommodation which P would otherwise have carried out or been required to carry out.

Rent free periodsU.K.

4.—(1) Where the arrangements under which the claimant occupies the accommodation provide for rent free periods, the claimant is to be treated as liable to make rent payments and service charge payments in respect of accommodation for the whole of any rent free period.

(2) In paragraph (1), “rent free period” has the meaning given in paragraph 7(4) of Schedule 4.

PART 2U.K.Treated as not liable to make payments

Liability to make rent and other payments to close relativeU.K.

5.—(1) A claimant is to be treated as not liable to make rent payments where the liability to make them is owed to a person who lives in the accommodation and who is—

(a)if the claimant is a member of a couple, the other member; or

(b)a child or qualifying young person for whom—

(i)the claimant is responsible, or

(ii)if the claimant is a member of a couple, the other member is responsible; or

(c)a close relative of—

(i)the claimant, or

(ii)if the claimant is a member of a couple, the other member, or

(iii)any child or qualifying young person who falls within paragraph (b).

(2) A claimant who is treated under sub-paragraph (1) as not liable to make rent payments to any person is also to be treated as not liable to make service charge payments where the liability to make the service charge payments is to the same person.

Liability to make rent and other payments to companyU.K.

6.—(1) A claimant is to be treated as not liable to make rent payments where the liability to make them is owed to a company and the owners or directors of the company include—

(a)the claimant;

(b)if the claimant is a member of a couple, the other member;

(c)a qualifying young person for whom a person who falls within paragraph (a) or (b) is responsible; or

(d)a close relative of any of the above who lives in the accommodation with the claimant.

(2) A claimant who is treated under sub-paragraph (1) as not liable to make rent payments to the company is also to be treated as not liable to make service charge payments where the liability to make the service charge payments is to—

(a)the same company; or

(b)another company of which the owners or directors include any of the persons listed in sub-paragraph (1)(a) to (d).

(3) In this paragraph, “owner”, in relation to a company (“C”), means a person (“A”) who has a material interest in C.

(4) For the purposes of sub-paragraph (3), A has a material interest in C if A—

(a)holds at least 10% of the shares in C; or

(b)is able to exercise a significant influence over the management of C by virtue of A's shareholding in C; or

(c)holds at least 10% of the shares in a parent undertaking (“P”) of C; or

(d)is able to exercise a significant influence over the management of P by virtue of A's shareholding in P; or

(e)is entitled to exercise, or control the exercise of, voting power in C which, if it consists of voting rights, constitutes at least 10% of the voting rights in C; or

(f)is able to exercise a significant influence over the management of C by virtue of A's entitlement to exercise, or control the exercise of, voting rights in C; or

(g)is entitled to exercise, or control the exercise of, voting power in P which, if it consists of voting rights, constitutes at least 10% of the voting rights in P; or

(h)is able to exercise a significant influence over the management of P by virtue of A's entitlement to exercise, or control the exercise of, voting rights in P.

(5) For the purposes of sub-paragraph (4), references to “A” are to—

(a)the person; or

(b)any of the person's associates; or

(c)the person and any of the person's associates taken together.

(6) For the purposes of sub-paragraph (5), “associate”, in relation to a person (“A”) holding shares in an undertaking (“X”) or entitled to exercise or control the exercise of voting power in relation to another undertaking (“Y”), means—

(a)the spouse or civil partner of A;

(b)a child or step-child of A (if under 18);

(c)the trustee of any settlement under which A has a life interest in possession (in Scotland a life interest);

(d)an undertaking of which A is a director;

(e)a person who is an employee or partner of A;

(f)if A has with any other person an agreement or arrangement with respect to the acquisition, holding or disposal of shares or other interests in X or Y, that other person;

(g)if A has with any other person an agreement or arrangement under which they undertake to act together in exercising their voting power in relation to X or Y, that other person.

(7) In sub-paragraph (6)(c), “settlement” means any disposition or arrangement under which property is held on trust (or subject to comparable obligations).

(8) For the purposes of this paragraph—

“parent undertaking” has the same meaning as in the Financial Services and Markets Act 2000 M10 (see section 420 of that Act);

“shares” means—

(a)

in relation to an undertaking with shares, allotted shares (within the meaning of Part 17 of the Companies Act 2006 M11);

(b)

in relation to an undertaking with capital but no share capital, rights to share in the capital of the body;

(c)

in relation to an undertaking without capital, interests—

(i)

conferring any right to share in the profits, or liability to contribute to the losses, of the body, or

(ii)

giving rise to an obligation to contribute to the debts or expenses of the undertaking in the event of a winding up;

“voting power”, in relation to an undertaking which does not have general meetings at which matters are decided by the exercise of voting rights, means the rights under the constitution of the undertaking to direct the overall policy of the undertaking or alter the terms of its constitution.

Marginal Citations

Liability to make rent and other payments to a trustU.K.

7.—(1) A claimant is to be treated as not liable to make rent payments where the liability to make them is owed to a trustee of a trust and the trustees or beneficiaries of the trust include—

(a)the claimant;

(b)if the claimant is a member of a couple, the other member;

(c)a child or qualifying young person for whom a person who falls within paragraph (a) or (b) is responsible; or

(d)a close relative of any of the above who lives in the accommodation with the claimant.

(2) A claimant who is treated under sub-paragraph (1) as not liable to make rent payments to the trustee of a trust is also to be treated as not liable to make service charge payments where the liability to make the service charge payments is to—

(a)a trustee of the same trust; or

(b)a trustee of another trust of which the trustees or beneficiaries include any of the persons listed in sub-paragraph (1)(a) to (d).

Liability to make owner-occupier and other payments to member of same householdU.K.

8.—(1) A claimant is to be treated as not liable to make owner-occupier payments where the liability to make the payments is owed to a person who lives in the claimant's household.

(2) A claimant who is treated under sub-paragraph (1) as not liable to make owner-occupier payments to any person is also to be treated as not liable to make service charge payments where the liability to make the service charge payments is to the same person.

(3) A claimant is to be treated as not liable to make service charge payments where—

(a)there is no liability to make rent payments or owner-occupier payments; but

(b)the liability to make service charge payments is to a person who lives in the claimant's household.

Arrears of paymentsU.K.

9.—(1) A claimant is to be treated as not liable to make payments in respect of any amount which—

(a)represents an increase in the sum that would be otherwise payable; and

(b)is the result of—

(i)outstanding arrears of any payment or charge in respect of the accommodation,

(ii)outstanding arrears of any payment or charge in respect of other accommodation, previously occupied by the claimant, or

(iii)any other unpaid liability to make a payment or charge.

(2) Sub-paragraph (1) does not apply if the claimant is treated as not liable to make the payments under any of the preceding provisions of this Part of this Schedule.

Contrived liabilityU.K.

10.—(1) A claimant is to be treated as not liable to make payments where the Secretary of State is satisfied that the liability to make the payments was contrived in order to secure the inclusion of the housing costs element in an award of universal credit or to increase the amount of that element.

(2) Sub-paragraph (1) does not apply if the claimant is treated as not liable to make the payments under any of the preceding provisions of this Part of this Schedule.

Regulation 25(4)

SCHEDULE 3U.K.Claimant treated as occupying or not occupying accommodation

PART 1U.K.Treated as occupying accommodation

The occupation condition: the general ruleU.K.

1.—(1) The general rule is that a claimant is to be treated as occupying as their home the accommodation which the claimant normally occupies as their home.

(2) Subject to the following provisions of this Part, no claimant is to be treated as occupying accommodation which comprises more than one dwelling.

(3) Where none of those provisions applies and the claimant occupies more than one dwelling, regard is to be had to all the circumstances in determining which dwelling the claimant normally occupies as their home, including (among other things) any persons with whom the claimant occupies each dwelling.

(4) “Dwelling”—

(a)in England and Wales, means a dwelling within the meaning of Part 1 of the Local Government Finance Act 1992 M12;

(b)in Scotland, means a dwelling within the meaning of Part 2 of that Act.

Marginal Citations

Croft land included in accommodationU.K.

2.—(1) Where accommodation which a claimant normally occupies as their home is situated on or pertains to a croft, croft land used for the purposes of the accommodation is to be treated as included in the accommodation.

(2) “Croft” means a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 1993 M13.

Marginal Citations

M131993 c.44. Section 3(1) is amended by section 21(a) of the Crofting Reform etc. Act 2007 (asp 7) and section 22(1) of the Crofting Reform (Scotland) Act 2010 (asp 14).

Claimant living in other accommodation during essential repairsU.K.

3.—(1) Where a claimant—

(a)is required to move into accommodation (“the other accommodation”) on account of essential repairs being carried out to the accommodation the claimant normally occupies as their home;

(b)intends to return to the accommodation which is under repair; and

(c)meets the payment condition and the liability condition in respect of either the other accommodation or the accommodation which they normally occupy as their home (but not both),

the claimant is to be treated as normally occupying as their home the accommodation in respect of which those conditions are met.

(2) A claimant is subject to the general rule in paragraph 1 where—

(a)sub-paragraph (1)(a) and (b) apply to the claimant; but

(b)the claimant meets the payment condition and the liability condition in respect of both the other accommodation and the accommodation which they normally occupy as their home.

Claimant housed in two dwellings by provider of social housingU.K.

4.—(1) In sub-paragraph (2), “relevant claimant” means a claimant who meets all of the following conditions—

(a)the first condition is that the claimant has been housed in two dwellings (“accommodation A” and “accommodation B”) by a provider of social housing on account of the number of children and qualifying young persons living with the claimant;

(b)the second condition is that the claimant normally occupies both accommodation A and accommodation B with children or qualifying young persons for whom the claimant is responsible;

(c)the third condition is that the claimant meets the payment condition and the liability condition in respect of both accommodation A and accommodation B (and for these purposes it is irrelevant whether the claimant's liability is to the same or a different person).

(2) In the case of a relevant claimant, both accommodation A and accommodation B are to be treated as the single accommodation which the relevant claimant normally occupies as their home.

(3) In sub-paragraph (1), “provider of social housing” has the meaning given in paragraph 2 of Schedule 4.

Moving home: adaptations to new home for disabled personU.K.

5.—(1) Sub-paragraph (2) applies where—

(a)the claimant has moved into accommodation (“the new accommodation”) and, immediately before the move, met the payment condition and liability condition in respect of the new accommodation; and

(b)there was a delay in moving in that was necessary to enable the new accommodation to be adapted to meet the disablement needs of a person specified in sub-paragraph (3).

(2) The claimant is to be treated as occupying both the new accommodation and the accommodation from which the move was made (“the old accommodation”) if—

(a)immediately before the move, the claimant was entitled to the inclusion of the housing costs element in an award of universal credit in respect of the old accommodation; and

(b)the delay in moving into the new accommodation was reasonable.

(3) A person is specified in this sub-paragraph if the person is—

(a)a claimant or any child or qualifying young person for whom a claimant is responsible; and

(b)in receipt of—

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

[F15(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, F16...

(iii)the daily living component of personal independence payment [F17or]

[F17(iv)the daily living component of adult disability payment at the standard or enhanced rate]

(4) No claimant may be treated as occupying both the old accommodation and the new accommodation under this paragraph for more than one month.

Textual Amendments

Claimant living in other accommodation because of reasonable fear of violenceU.K.

6.—(1) This paragraph applies where—

(a)a claimant is occupying accommodation (“the other accommodation”) other than the accommodation which they normally occupy as their home (“the home accommodation”); and

(b)it is unreasonable to expect the claimant to return to the home accommodation on account of the claimant's reasonable fear of violence in the home, or by a former partner, against the claimant or any child or qualifying young person for whom the claimant is responsible; but

(c)the claimant intends to return to the home accommodation.

(2) The claimant is to be treated as normally occupying both the home accommodation and the other accommodation as their home if—

(a)the claimant meets the payment condition and the liability condition in respect of both the home accommodation and other accommodation; and

(b)it is reasonable to include an amount in the housing costs element for the payments in respect of both the home accommodation and the other accommodation.

(3) Where the claimant meets the payment condition and the liability condition in respect of one accommodation only, the claimant is to be treated as normally occupying that accommodation as their home but only if it is reasonable to include an amount in the housing costs element for the payments in respect of that accommodation.

(4) No claimant may be treated as occupying both the home accommodation and the other accommodation under sub-paragraph (2) for more than 12 months.

Moving in delayed by adaptations to accommodation to meet disablement needsU.K.

7.—(1) The claimant is to be treated as having occupied accommodation before they moved into it where—

(a)the claimant has since moved in and, immediately before the move, met the payment condition and the liability condition in respect of the accommodation;

(b)there was a delay in moving in that was necessary to enable the accommodation to be adapted to meet the disablement needs of a relevant person; and

(c)it was reasonable to delay moving in.

(2) “Relevant person” means a person specified in paragraph 5(3).

(3) No claimant may be treated as occupying accommodation under this paragraph for more than one month.

Moving into accommodation following stay in hospital or care homeU.K.

8.—(1) The claimant is to be treated as having occupied accommodation before they moved into it where—

(a)the claimant has since moved in and, immediately before the move, met the payment condition and the liability condition in respect of that accommodation; and

(b)the liability to make the payments arose while the claimant was a patient or accommodated in a care home (or, in the case of a joint claim, while both joint claimants were patients or were accommodated in a care home).

(2) No claimant may be treated as occupying the accommodation under this paragraph for more than one month.

(3) In this paragraph—

“care home” has the meaning given in paragraph 1 of Schedule 1;

“patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution.

PART 2U.K.Treated as not occupying accommodation

Periods of temporary absence exceeding 6 monthsU.K.

9.—(1) Subject to sub-paragraphs (2) and (3), a claimant is to be treated as no longer occupying accommodation from which they are temporarily absent where the absence exceeds, or is expected to exceed, 6 months.

(2) Sub-paragraph (1) does not apply to a claimant who falls within paragraph 3.

(3) Where a claimant who falls within paragraph 6 is temporarily absent from the accommodation which they normally occupy as their home, the claimant is to be treated as no longer occupying that accommodation where the absence exceeds, or is expected to exceed, 12 months.

Regulation 26(2)

SCHEDULE 4U.K.Housing costs element for renters

PART 1U.K.General

IntroductionU.K.

1.—(1) This Schedule contains provisions about claimants to whom regulation 26(2) applies.

(2) Claimants who fall within sub-paragraph (1) are referred to in this Schedule as “renters” (and references to “joint renters” are to joint claimants to whom regulation 26(2) applies).

(3) Part 2 of this Schedule sets out [F18an exception] to section 11(1) of the Act for certain renters in whose case an award of universal credit is not to include an amount of housing costs element calculated under this Schedule.

(4) The following Parts of this Schedule provide for the calculation of the amount of housing costs element to be included under regulation 26(2) in a renter's award of universal credit—

(a)Part 3 contains general provisions that apply to all calculations, whether under Part 4 or Part 5;

(b)Part 4 applies in relation to renters who occupy accommodation in the private rented sectorF19...; and

(c)Part 5 applies in relation to renters who occupy accommodation in the social rented sectorF20....

Textual Amendments

InterpretationU.K.

2.  In this Schedule—

[F21“domestic violence” has the meaning given by regulation 98(4);]

[F22“exempt accommodation” has the meaning given in paragraph 4(10) of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006;]

“extended benefit unit” has the meaning given in paragraph 9;

“Housing Act functions” means functions under section 122 of the Housing Act 1996 M14 (functions of rent officers in connection with universal credit, housing benefit and rent allowance subsidy and housing credit);

“housing cost contribution” has the meaning given in paragraph 13;

“joint renter” has the meaning given in paragraph 1(2);

“listed persons”, in relation to a renter, means—

(a)

the renter;

(b)

where the renter is a member of a couple, the other member of the couple; and

(c)

any child or qualifying young person for whom the renter (or either joint renter) is responsible;

[F23“member of the armed forces” means a member of the regular forces or the reserve forces within the meaning of section 374 of the Armed Forces Act 2006 M15;]

“non-dependant” has the meaning given in paragraph 9(2);

“provider of social housing” means—

(a)

a local authority;

(b)

a non-profit registered provider of social housing;

(c)

in relation to accommodation which is social housing, a profit-making registered provider of social housing;

(d)

a registered social landlord;

“registered social landlord” means—

(a)

a body which is registered in the register maintained by the Welsh Ministers under Chapter 1 of Part 1 of the Housing Act 1996 M16;

(b)

a body which is registered in the register maintained by the Scottish Housing Regulator under section 20(1) of the Housing (Scotland) Act 2010 M17;

[F24“relative” has the meaning given by section 63(1) of the Family Law Act 1996;]

“relevant payments” has the meaning given in paragraph 3;

“the Rent Officers Order 2013” means the Rent Officers (Universal Credit Functions) Order 2013 M18;

“renter” means a single renter within the meaning of paragraph 1(2) or each of joint renters;

“renter who requires overnight care” is to be understood in accordance with paragraph 12(3) to (5);

“shared accommodation” has the meaning given in paragraph 27;

“social housing” has the meaning given in sections 68 to 77 of the Housing and Regeneration Act 2008 M19.

Textual Amendments

Marginal Citations

M141996 c.52. Section 122 was amended by section 127 of, and paragraph 60 of Schedule 7 to, the Local Government Act 2003 (c.26), section 40 of, and paragraph 12 of Schedule 5 to, and section 67 of, Schedule 8 to, the Welfare Reform Act 2007 (c.5).

M161996 c.52. Section 1(1) was amended by section 61(1) and 3 of the Housing and Regeneration Act 2008 (c.17) and paragraph 83 of Schedule 16, and Part 6 of Schedule 18, to the Government of Wales Act 1998 (c.38).

M172010 (asp 17).

“Relevant payments” for purposes of this ScheduleU.K.

3.—(1) “Relevant payments” means one or more payments of any of the following descriptions—

(a)rent payments;

(b)service charge payments.

(2) “Rent payments”, in relation to any calculation under Part 4 or 5 of this Schedule, has the meaning given in paragraph 2 of Schedule 1.

(3) “Service charge payments”—

(a)for the purposes of calculations under Part 4 of this Schedule, has the meaning given in paragraph 7 of Schedule 1;

(b)for the purposes of calculations under Part 5 of this Schedule, is to be understood in accordance with paragraphs 7 and 8 of Schedule 1.

PART 2U.K. [F25Exception] to inclusion of housing costs element

Textual Amendments

No housing costs element for 16 or 17 year old care leaversU.K.

4.  Section 11(1) of the Act (housing costs) does not apply to any renter who is 16 or 17 years old and is a care leaver.

No housing costs element for certain renters aged at least 18 but under 22U.K.

F264A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Persons to whom paragraph 4A does not apply – generalU.K.

F264B.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Persons to whom paragraph 4A does not apply – periods of workU.K.

F264C.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

PART 3U.K.General provisions about calculation of amount of housing costs element for renters

Application of Part 3U.K.

5.  This Part contains provisions of general application in calculating the amount of a renter's housing costs element under Part 4 or 5 of this Schedule.

Payments taken into accountU.K.

Relevant payments to be taken into accountU.K.

6.—(1) Where a renter meets the payment condition, liability condition and occupation condition in respect of one or more descriptions of relevant payment, each such description is to be taken into account for the purposes of the calculation under Part 4 or 5 of this Schedule.

(2) No account is to be taken of any amount of a relevant payment to the extent that all of the conditions referred to in sub-paragraph (1) are not met in respect of that amount.

(3) Any particular payment for which a renter is liable is not to be brought into account more than once, whether in relation to the same or a different renter (but this does not prevent different payments of the same description being brought into account in respect of an assessment period).

Relevant payments calculated monthlyU.K.

7.—(1) Where any relevant payment is to be taken into account under paragraph 6, the amount of that payment is to be calculated as a monthly amount.

(2) Where the period in respect of which a renter is liable to make a relevant payment is not a month, an amount is to be calculated as the monthly equivalent, so for example—

(a)weekly payments are multiplied by 52 and divided by 12;

[F27(aa)two-weekly payments are multiplied by 26 and divided by 12;]

(b)four-weekly payments are multiplied by 13 and divided by 12;

(c)three-monthly payments are multiplied by 4 and divided by 12; and

(d)annual payments are divided by 12.

(3) Where a renter is liable for relevant payments under arrangements that provide for one or more rent free periods, [F28subject to sub-paragraph (3A),] the monthly equivalent is to be calculated over 12 months by reference to the total number of relevant payments which the renter is liable to make in that 12 month period.

[F29(3A) Where sub-paragraph (3) applies and the relevant payments in question are—

(a)weekly payments, the total number of weekly payments which the renter is liable to make in any 12 month period shall be calculated by reference to the formula—

(b)two-weekly payments, the total number of two-weekly payments which the renter is liable to make in any 12 month period shall be calculated by reference to the formula—

(c)four-weekly payments, the total number of four-weekly payments which the renter is liable to make in any 12 month period shall be calculated by reference to the formula—

where “RFP” is the number of rent free periods in the 12 month period in question.]

(4) “Rent free period” means any period in respect of which the renter has no liability to make one or more of the relevant payments which are to be taken into account under paragraph 6.

Textual Amendments

Room allocationU.K.

Size criteria applicable to the extended benefit unit of all rentersU.K.

8.—(1) In calculating the amount of the renter's housing costs element under Part 4 or 5 of this Schedule, a determination is to be made in accordance with the provisions referred to in sub-paragraph (2) as to the category of accommodation which it is reasonable for the renter to occupy, having regard to the number of persons who are members of the renter's extended benefit unit (see paragraph 9).

(2) The provisions referred to in this sub-paragraph are the following provisions of this Schedule—

(a)in respect of a calculation under Part 4, paragraphs 9 to 12 and 26 to 29;

(b)in respect of a calculation under Part 5, paragraphs 9 to 12.

Extended benefit unit of a renter for purposes of this ScheduleU.K.

9.—(1) For the purposes of this Schedule, the members of a renter's extended benefit unit are—

(a)the renter (or joint renters);

(b)any child or qualifying young person for whom the renter or either joint renter is responsible; and

(c)any person who is a non-dependant.

(2) A person is a non-dependant if the person [F30normally] lives in the accommodation with the renter (or joint renters) and is none of the following—

(a)a person within sub-paragraph (1)(a) or (b);

(b)where the renter is a member of a couple claiming as a single person, the other member of the couple;

(c)a foster child;

(d)a person who is liable to make payments on a commercial basis in respect of the person's occupation of the accommodation (whether to the renter, joint renters or another person);

(e)a person to whom the liability to make relevant payments is owed or a member of their household;

(f)a person who has already been treated as a non-dependant in relation to a claim for universal credit by another person liable to make relevant payments in respect of the accommodation occupied by the renter.

[F31(g)a child or qualifying young person for whom no-one in the renter’s extended benefit unit is responsible.]

(3) “Foster child” means a child in relation to whom the renter (or either joint renter) is a foster parent.

Textual Amendments

Number of bedrooms to which a renter is entitledU.K.

10.—(1) A renter is entitled to one bedroom for each of the following categories of persons in their extended benefit unit—

(a)the renter (or joint renters);

(b)a qualifying young person for whom the renter or either joint renter is responsible;

(c)a non-dependant who is not a child;

(d)two children who are under 10 years old;

(e)two children of the same sex;

(f)any other child.

(2) A member of the extended benefit unit to whom two or more of the descriptions in sub-paragraph (1) apply is to be allotted to whichever description results in the renter being entitled to the fewest bedrooms.

(3) In determining the number of bedrooms to which a renter is entitled, the following must also be taken into account—

(a)the provisions of paragraph 11 as to treatment of periods of temporary absence of members of the renter's extended benefit unit;

(b)any entitlement to an additional bedroom in accordance with paragraph 12;

(c)for the purpose of any calculation under Part 4 of this Schedule, the additional requirements in paragraphs 26 to 29.

Temporary absence of member of renter's extended benefit unitU.K.

11.—(1) A member of the renter's extended benefit unit who is temporarily absent from the accommodation occupied by the renter is to be included in a determination of the number of bedrooms to which the renter is entitled (“relevant determination”) in the circumstances specified in sub-paragraphs (2) to (4).

(2) In the case of a child or qualifying young person, the circumstances specified in this sub-paragraph are that the relevant determination relates to any time—

(a)during the first 6 months of the absence of a child or qualifying young person for whom the renter is treated as not being responsible in accordance with regulation 4(6)(a) (child or qualifying young person looked after by local authority) where, immediately before the local authority started looking after them, the child or qualifying young person was included in the renter's extended benefit unit and the renter's award included the housing costs element;

(b)during the first 6 months of the absence of a child or qualifying young person for whom the renter is treated as not being responsible in accordance with regulation 4(6)(b) (child or qualifying young person is a prisoner) where—

(i)immediately before becoming a prisoner, the child or qualifying young person was included in the renter's extended benefit unit and the renter's award included the housing costs element, and

(ii)the child or qualifying young person has not been sentenced to a term in custody that is expected to extend beyond that 6 months; or

(c)before the renter or joint renter ceases to be responsible for a temporarily absent child or qualifying young person in accordance with regulation 4(7) (absence exceeding specified duration).

(3) In the case of a renter, the circumstances specified in this sub-paragraph are that the relevant determination relates to any time when—

(a)the temporary absence from Great Britain of the renter is disregarded in accordance with regulation 11(1) or (2); or

(b)the renter is a prisoner to whom regulation 19(2) (existing award includes housing costs when person becomes a prisoner) applies.

(4) In the case of a non-dependant, the circumstances specified in this sub-paragraph are that—

(a)the relevant determination relates to any time during a period specified in sub-paragraph (5); and

(b)immediately before the start of that period, the non-dependant was included in the renter's extended benefit unit and [F32, in the circumstances specified in sub-paragraph (5) (a) to (c),] the renter's award included the housing costs element.

(5) The specified periods are—

(a)the first month of the non-dependant's temporary absence from Great Britain and, if the circumstances of the non-dependant are such as would be disregarded for the purposes of regulation 11(2) (death of a close relative), a further one month;

(b)the first 6 months of the non-dependant's temporary absence from Great Britain in the circumstances described in regulation 11(3)(a) (absence solely in connection with treatment for illness or physical or mental impairment);

(c)the first 6 months that the non-dependant is a prisoner where the non-dependant has not been sentenced to a term in custody that is expected to extend beyond that 6 months.

[F33(d)any period during which a non-dependant who is the son, daughter, step-son or step-daughter of a renter or joint renters is a member of the armed forces away on operations.]

(6) Any non-dependant who is temporarily absent from the accommodation occupied by the renter in circumstances other than those specified in sub-paragraphs (4) and (5) is not to be treated as being a member of the renter's extended benefit unit if that absence exceeds, or is expected to exceed, 6 months.

Textual Amendments

[F34Additional room]U.K.

12.—[F35(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)).]

[F34(1) A renter is entitled to an additional bedroom if they satisfy any of the following conditions—

F36(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the foster parent conditionF37...; or

(c)the disabled child condition (see sub-paragraph (6))[F38;

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

[F39(2) Sub-paragraphs (A1) and (1) apply subject to sub-paragraphs (8) and (9).]

(3) [F40A 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;

[F41(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; F42...

(iii)the daily living component of personal independence payment [F43or;]

[F43(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 [F44care 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

[F45(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.

[F46(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;

[F47(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; F48...

[F49(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.]

F50(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.

[F51(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

F34Sch. 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)

F35Sch. 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)

F36Sch. 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)

F37Words 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)

F38Sch. 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)

F39Sch. 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)

F40Words 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)

F44Words 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)

F46Sch. 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)

F50Sch. 4 para. 12(7) 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(f)

F51Sch. 4 para. 12(9) 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(g)

Housing cost contributionsU.K.

Housing cost contributionsU.K.

13.—(1) In calculating the amount of the housing costs element under Part 4 or 5 of this Schedule, a deduction is to be made in respect of each non-dependant who is a member of the renter's extended benefit unit.

(2) Paragraph (1) is subject to paragraphs 15 and 16.

(3) Any amount to be deducted under sub-paragraph (1) is referred to in this Schedule as a “housing cost contribution”.

Amount of housing cost contributionsU.K.

14.—(1) The amount of each housing cost contribution to be deducted under paragraph 13 is [F52£91.47.]

(2) Deductions are not to be made until the amount has been determined which results from all other steps in the calculation required in relation to the renter under Parts 4 and 5 of this Schedule.

(3) Where the sum of all the housing cost contributions to be deducted in the renter's case exceeds the amount referred to in sub-paragraph (2)—

(a)the amount determined under this Schedule is to be reduced to nil; but

(b)no further reduction in respect of housing cost contributions is to be made from the renter's award.

Textual Amendments

F52Sum in Sch. 4 para. 14(1) substituted (coming into force in accordance with art. 1(3)(n) of the amending S.I.) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(n), 32(3)

Modifications etc. (not altering text)

C1Sch. 4 para. 14(3)(a) sum maintained (coming into force in accordance with art. 1(2)(o) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(o), 28(3)(b)

Exempt rentersU.K.

15.—(1) No deduction is to be made under paragraph 13 in the case of—

(a)any renter who is a single person to whom sub-paragraph (2) applies; or

(b)any joint renter where at least one joint renter is a person to whom sub-paragraph (2) applies.

(2) This sub-paragraph applies to—

(a)a person who is F53... blind;

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

[F54(ba)a person 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;]

(c)a person in receipt of attendance allowance;

(d)a person in receipt of the daily living component of personal independence payment;

[F55(da)a person in receipt of the daily living component of adult disability payment at the standard or enhanced rate;]

(e)a person who is entitled to a payment within paragraph (b), (c)[F56, (d) or (da)] but is not receiving it under, as the case may be—

(i)regulation 8 of the Social Security (Disability Living Allowance) Regulations 1991M20,

(ii)regulation 6 of the Social Security (Attendance Allowance) Regulations 1991M21,

(iii)regulation 21 of the Social Security (General Benefit) Regulations 1982M22, F57...

(iv)regulations under section 86 of the Act (payment of personal independence payment while a person is a hospital in-patient) [F58or;]

[F58(v)regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022]

Textual Amendments

F53Words in Sch. 4 para. 15(2)(a) omitted (with effect in accordance with reg. 1(2) of the amending S.I.) by virtue of The Universal Credit and Miscellaneous Amendments (No.2) Regulations 2014 (S.I. 2014/2888), regs. 1(1), 3(1)(c)

Marginal Citations

No deduction for housing cost contributions in respect of certain non-dependantsU.K.

16.—(1) No deduction is to be made under paragraph 13 in respect of any non-dependant who is a member of the renter's extended benefit unit to whom sub-paragraph (2) applies.

(2) This sub-paragraph applies to—

(a)a person who is under 21 years old;

(b)a person in receipt of state pension credit;

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

(d)a person in receipt of attendance allowance;

(e)a person in receipt of the daily living component of personal independence payment;

[F59(ea)a person in receipt of the daily living component of adult disability payment at the standard or enhanced rate;]

(f)a person who is entitled to a payment within paragraph (c), (d)[F60, (e) or (ea)] but is not receiving it under, as the case may be—

(i)regulation 8 of the Social Security (Disability Living Allowance) Regulations 1991,

(ii)regulation 6 of the Social Security (Attendance Allowance) Regulations 1991,

(iii)regulation 21 of the Social Security (General Benefit) Regulations 1982, F61...

(iv)regulations under section 86 of the Act (payment of personal independence payment while a person is a hospital in-patient) [F62or;]

[F62(v)regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022]

(g)a person in receipt of carer's allowance;

[F63(ga)a person in receipt of carer support payment;]

(h)a person who is a prisoner;

(i)a person who is responsible for a child under 5 years old.

[F64(j)a person who is a member of the armed forces away on operations who—

(i)is the son, daughter, step-son or step-daughter of a renter or joint renters, and

(ii)resided with the renter or joint renters immediately before leaving to go on operations and intends to return to reside with the renter or joint renters at the end of the operations.]

Textual Amendments

Calculations involving more than one accommodationU.K.

Single calculation for renter treated as occupying single accommodationU.K.

17.—(1) This paragraph applies to any renter where, under paragraph 4 of Schedule 3 (claimant housed in two dwellings by provider of social housing), two dwellings (“accommodation A” and “accommodation B”) occupied by a renter are treated as the single accommodation in respect of which the renter meets the occupation condition.

(2) The amount of the renter's housing costs element is to be determined by a single calculation in respect of accommodation A and accommodation B as if they were one, taking account of—

(a)all relevant payments in respect of accommodation A and all relevant payments in respect of accommodation B; and

(b)the total number of bedrooms in accommodation A and accommodation B taken together.

[F65(3) The single calculation is to be made under Part 5 of this Schedule in any case where the renter's liability to make rent payments in respect of accommodation A and accommodation B is to a provider of social housing.]

(4) In any other case, the single calculation is to be made under Part 4 of this Schedule.

Textual Amendments

Calculation where move to new accommodation delayed for adaptations for disabled personU.K.

18.—(1) Sub-paragraph (2) applies to any renter where, under paragraph 5 of Schedule 3 (moving home: adaptations to new home for disabled person), the renter meets the occupation condition in respect of both the new accommodation and the old accommodation.

(2) The amount of the renter's housing costs element under this Schedule is to be calculated as follows.

Step 1

Calculate an amount in accordance with Part 4 or Part 5 of this Schedule (as the case may be) in respect of both—

(a)the new accommodation; and

(b)the old accommodation.

Step 2

Add together the amounts determined in step 1.

Step 3

If a deduction was made for housing cost contributions in respect of both the new accommodation and the old accommodation, take the amount of the housing costs contributions deducted in respect of the new accommodation and add that to the amount resulting from step 2.

(3) In this paragraph, references to “the new accommodation” and “the old accommodation” are to be understood in accordance with paragraph 5 of Schedule 3.

Calculation where renter moves out because of reasonable fear of violenceU.K.

19.—(1) Sub-paragraph (2) applies to any renter where, under paragraph 6(2) of Schedule 3 (claimant living in other accommodation because of reasonable fear of violence), the renter meets the occupation condition in respect of both the home accommodation and the other accommodation.

(2) The amount of the renter's housing costs element under this Schedule is to be calculated as follows.

Step 1

Calculate an amount in accordance with Part 4 or Part 5 of this Schedule (as the case may be) in respect of—

(a)the home accommodation; and

(b)the other accommodation.

Step 2

Add together the amounts determined in step 1.

Step 3

If a deduction was made for housing cost contributions in respect of both the home accommodation and the other accommodation—

(c)determine which accommodation the renter normally occupies as their home; and

(d)take the amount of the housing costs contributions deducted in respect of the accommodation not so occupied and add that to the amount resulting from step 2.

(3) In this paragraph, references to “the home accommodation” and “the other accommodation” are to be understood in accordance with paragraph 6 of Schedule 3.

PART 4U.K.Private rented sector F66...

Textual Amendments

Application of Part 4U.K.

20.—[F67(1) This Part applies to renters who are liable to make rent payments to a person other than a provider of social housing.]

(2) Sub-paragraph (1) applies irrespective of whether renters are also liable to make service charge payments.

Textual Amendments

Meaning of “temporary accommodation”U.K.

F6821.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

The calculation of the housing costs element under this PartU.K.

The amount of housing costs element under this PartU.K.

22.  The amount of the renter's housing costs element under this Part is to be calculated as follows.

Step 1

Determine—

(a)the amount of the renter's core rent; and

(b)the amount of the renter's cap rent,

and identify which is the lower amount (if both amounts are the same, that is the identified amount).

Step 2

Deduct the sum of the housing cost contributions (if any) under paragraph 13 from the amount identified in step 1.

The result is the amount of the renter's housing costs element calculated under this Part.

Core rentU.K.

23.  Except where paragraph 24 applies, the renter's core rent is to be determined as follows.

Step 1

Determine the amount of each relevant payment to be taken into account under paragraph 6.

Step 2

Determine the period in respect of which each relevant payment is payable and, in accordance with paragraph 7, determine the amount of the payment in respect of a month.

Step 3

If there is more than one relevant payment, add together the amounts determined in step 2 in relation to all relevant payments.

The result is the renter's core rent.

Core rent for joint tenantsU.K.

24.—(1) This paragraph applies where, in respect of the accommodation occupied by the renter, one or more persons other than the renter are liable to make relevant payments which are of the same description as those for which the renter is liable and which are to be taken into account under paragraph 6.

(2) The following steps are to be taken in order to determine the renter's core rent.

Step 1

Determine the total of all relevant payments referred to in sub-paragraph (1) for which the renter and others are liable in respect of the accommodation taken as a whole.

Step 2

Determine the period in respect of which each relevant payment is payable and, in accordance with paragraph 7, determine the amount of the payment in respect of a month.

Step 3

Add together all of the amounts determined in step 2 in relation to all relevant payments.

Step 4

Find the allocated amount in accordance with whichever of sub-paragraphs (3) to (5) applies in the renter's case.

The result is the renter's core rent.

(3) Where the only persons liable to make relevant payments are listed persons, the allocated amount is the amount resulting from step 3 in sub-paragraph (2).

(4) Where the persons liable for the relevant payments are one or more listed persons and one or more other persons, the allocated amount is to be found by the applying the formula—

where—

“A” is the amount resulting from step 3 in sub-paragraph (2),

“B” is the total number of all persons (including listed persons) liable to make the relevant payments, and

“C” is the number of listed persons [F69liable to make relevant payments].

(5) If the Secretary of State is satisfied that it would be unreasonable to allocate the amount resulting from step 3 in sub-paragraph (2) in accordance with sub-paragraph (4), that amount is to be allocated in such manner as the Secretary of State considers appropriate in all the circumstances, having regard (among other things) to the number of persons liable and the proportion of the relevant payments for which each of them is liable.

Textual Amendments

Modifications etc. (not altering text)

C2Sch. 4 para. 24(4) sums maintained (coming into force in accordance with art. 1(2)(o) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(o), 28(4), Sch. 17

Cap rentU.K.

25.—(1) The renter's cap rent is to be determined as follows.

Step 1

Determine the category of accommodation to which the renter is entitled under paragraphs 8 to 12 and 26 to 29.

Step 2

Having regard to the determination at step 1, determine the maximum allowable amount for the renter under sub-paragraph (2) or (4) (as the case may be).

The result is the renter's cap rent.

(2) The maximum allowable amount to be used in relation to the renter is the local housing allowance which applies at the relevant time to—

(a)the broad rental market area in which the renter's accommodation is situated; and

(b)the category of accommodation determined at step 1 as that to which the renter is entitled.

(3) But the maximum allowable amount in relation to the renter is to be determined under sub-paragraph (4) in any case where—

(a)paragraph 4 of Schedule 3 (claimant housed in two dwellings by provider of social housing) applies to the renter; and

(b)the maximum allowable amount determined under sub-paragraph (2) for the renter in relation to accommodation A and the amount so determined in relation to accommodation B are different (references to accommodation A and accommodation B are to be understood in accordance with paragraph 4 of Schedule 3); and

(c)a single calculation is to be made in relation to the renter under paragraph 17 (renter treated as occupying single accommodation).

(4) In any such case, the maximum allowable amount to be used in making the single calculation required by paragraph 17—

(a)is to be determined by reference to the accommodation for which the amount referred to in sub-paragraph (3)(b) is lower when the calculation is first made; and

(b)is to continue to be determined by reference to that accommodation for so long as paragraph 4 of Schedule 3 applies to the renter in respect of the same accommodation A and the same accommodation B; and

(c)is to be re-determined in accordance with paragraphs (a) and (b) on each occasion when the renter is re-housed in any other accommodation, provided that paragraph 4 of Schedule 3 continues to apply to the renter.

(5) In this paragraph—

“broad rental market area” means the broad rental market area determined under article 3 of the Rent Officers Order 2013;

“local housing allowance”, in relation to a broad rental market area, means the amount determined by a rent officer for that area under article 4 of the Rent Officers Order 2013;

“relevant time” means the time at which the amount of the renter's housing costs element is calculated under paragraph 22.

Further provisions about size criteria for cases to which this Part appliesU.K.

Four bedroom limitU.K.

26.  In calculating the amount of a renter's housing costs element under paragraph 22, no renter is entitled to more than 4 bedrooms.

Specified renters entitled to shared accommodation onlyU.K.

27.—(1) In calculating the amount of a renter's housing costs element under paragraph 22, any specified renter (within the meaning of paragraph 28) is entitled to shared accommodation only.

(2) “Shared accommodation” means the category of accommodation specified in paragraph 1(a) of Schedule 1 to the Rent Officers Order 2013.

Meaning of “specified renters”U.K.

28.—(1) For the purposes of paragraph 27, “specified renter” means a renter in respect of whom all of the following conditions are met.

(2) The first condition is that the renter is a single person (or a member of a couple claiming as a single person) who—

(a)is under 35 years old; and

(b)is not an excepted person under paragraph 29.

(3) The second condition is that the renter is not responsible for any children or qualifying young persons.

(4) The third condition is that no person is a non-dependant in relation to the renter.

Renters excepted from shared accommodationU.K.

29.—(1) “Excepted person” means any renter (“E”) who falls within any of sub-paragraphs (2) to [F70(9C)].

[F71(2) E is at least 18 but under [F7225 years] old and was a care leaver (within the meaning of regulation 8) before reaching the age of 18.]

(4) E is at least [F7316] but under 35 years old and—

(a)has, for a total of at least 3 months (whether or not continuously), lived in one or more hostels for homeless people; and

(b)whilst E was living in such a hostel, was offered and has accepted services which the Secretary of State considers are intended to assist E to be rehabilitated or resettled within the community.

(5) E is under 35 years old and is in receipt of—

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

[F74(aa)the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;]

(b)attendance allowance; F75...

(c)the daily living component of personal independence payment [F76or;]

[F76(d)the daily living component of adult disability payment at the standard or enhanced rate]

(6) In relation to England and Wales, E is under 35 years old and is the subject of active multi-agency management pursuant to arrangements established by a responsible authority under section 325(2) of the Criminal Justice Act 2003 (arrangements for assessing etc. risks posed by certain offenders) M23.

(7) In relation to Scotland, E is under 35 years old and is the subject of active multi-agency risk management pursuant to arrangements established by the responsible authorities under section 10(1) of the 2005 Act (arrangements for assessing and managing risks posed by certain offenders).

(8) In relation to Scotland, E is under 35 years old and—

(a)section 10(1) of the 2005 Act does not apply to E by reason only of the fact that section 10(1)(b) or (d) has not been brought fully into force; and

(b)E is considered by the Secretary of State to be a person who may cause serious harm to the public at large.

(9) In relation to Scotland, E is under 35 years old and—

(a)section 10(1) of the 2005 Act does not apply to E by reason only of the fact that section 10(1)(e) has not been brought fully into force; and

(b)by reason of an offence of which E has been convicted, E is considered by the Secretary of State to be a person who may cause serious harm to the public at large.

[F77(9A) E is under 35 years old and satisfies the foster parent condition (within the meaning of paragraph 12(4)).]

[F78(9B) E is under 35 years old and—

(a)after attaining the age of 16 had domestic violence inflicted upon or threatened against them (“the victim”) by their partner or former partner, or by a relative; and

(b)provides evidence from a person acting in an official capacity which demonstrates that—

(i)the victim’s circumstances are consistent with their having had domestic violence inflicted upon or threatened against them; and

(ii)the victim has contacted a person acting in an official capacity in relation to such an incident.

(9C) E is under 35 years old and has been the subject of a positive conclusive grounds determination relating to modern slavery.]

(10) In this paragraph—

“the 2005 Act” means the Management of Offenders etc. (Scotland) Act 2005 M24;

“care home”, “registered charity” and “voluntary organisation” have the meaning given in Schedule 1;

[F79“competent authority” means a person who is a competent authority within the meaning of the Trafficking Convention;

“compulsory labour”, “forced labour”, “servitude” and “slavery” have the same meaning as in Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;]

“hostel” means a building—

(a)

in which there is provided, for persons generally or for a class of persons, domestic accommodation, otherwise than in separate and self-contained premises, and either board or facilities for the preparation of food adequate to the needs of those persons, or both; and

(b)

which—

(i)

is managed or owned by a provider of social housing other than a local authority, or

(ii)

is operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or agency or a local authority, or

(iii)

is managed by a voluntary organisation or a registered charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community; and

(c)

which is not a care home;

“hostel for homeless people” means a hostel the main purpose of which is to provide accommodation together with care, support or supervision for homeless people with a view to assisting such persons to be rehabilitated or resettled within the community.

[F80“person acting in an official capacity” means a health care professional (within the meaning given by regulation 98(4)), a police officer, a registered social worker (within the meaning given by regulation 98(4)), the victim’s employer, or any public, voluntary, or charitable body which has had direct contact with the victim in connection with domestic violence;

“positive conclusive grounds determination relating to modern slavery” means a determination made by a competent authority that an individual is a victim of trafficking in human beings, slavery, servitude or forced or compulsory labour;

“the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16th May 2005);

“trafficking in human beings” has the same meaning as in the Trafficking Convention.]

Textual Amendments

Marginal Citations

M232003 c.44. Section 10(1) was amended by S.I. 2008/ 912. See “MAPPA Guidance (2012) Version 4” published in May 2012 by the Secretary of State.

M242005 asp 14. See Justice and Communities Circular JD/01/2012, “Sections 10 and 11 of the Management of Offenders etc. (Scotland) Act 2005: Multi Agency Public Protection Arrangements (MAPPA) National Guidance 2012”, Version 1, published by Scottish Ministers in January 2012.

PART 5U.K.Social rented sector F81...

Textual Amendments

Application of Part 5U.K.

30.—[F82(1) This Part applies to renters who are liable to make rent payments to a provider of social housing.]

(2) Sub-paragraph (1) applies irrespective of whether renters are also liable to make service charge payments.

Textual Amendments

[F83Amount taken into account as the relevant payment]U.K.

Textual Amendments

Deduction from relevant payments of amounts relating to use of particular accommodationU.K.

31.  In determining the amount of any relevant payment to be taken into account under paragraph 6, a deduction is to be made for any amount which the Secretary of State is satisfied—

(a)is included in the relevant payment; but

(b)relates to the supply to the accommodation of a commodity (such as water or fuel) for use by any member of the renter's extended benefit unit.

Power to apply to rent officer if relevant payments excessiveU.K.

32.—(1) Sub-paragraph (2) applies where it appears to the Secretary of State that the amount of any relevant payment for which the renter is liable in respect of accommodation occupied by the renter is greater than it is reasonable to meet by way of the housing costs element under this Part.

(2) The Secretary of State may apply to a rent officer for a determination to be made as to the amount of the relevant payment by the officer in exercise of the officer's Housing Act functions.

(3) Sub-paragraph (4) applies in any case where a rent officer determines that a landlord might, at the time of the application under sub-paragraph (2), reasonably have expected to obtain a lower amount of the description of relevant payment referred to the rent officer.

(4) The lower amount determined by the rent officer is to be used in making the calculation under this Part, instead of the amount of the relevant payment for which the renter is liable, unless the Secretary of State is satisfied that it is not appropriate to use that lower amount.

[F84Reduction under tenant incentive schemeU.K.

32A.—(1) Where a reduction in the rent or service charge payments for which a renter would otherwise have been liable is applied by a provider of social housing under an approved tenant incentive scheme, the amount of any relevant payment to be taken into account under paragraph 6 is to be determined as if no such reduction had been applied.

(2) In paragraph (1) “approved tenant incentive scheme” means a scheme which is—

(a)operated by a provider of social housing and designed to avoid rent arrears by allowing reductions in rent or service charges or other advantages in return for meeting specified conditions; and

(b)approved by the Secretary of State.]

Textual Amendments

The calculation of the housing costs element under this PartU.K.

The amount of housing costs elementU.K.

33.  The amount of the renter's housing costs element under this Part is to be calculated by reference to the formula—

where—

“S” is the amount resulting from whichever of paragraph 34 or 35 applies in the renter's case, and

“HCC” is the sum of the housing cost contributions (if any) under paragraph 13.

Modifications etc. (not altering text)

C3Sch. 4 para. 33 sum maintained (coming into force in accordance with art. 1(2)(o) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(o), 28(4), Sch. 17

Determining the amount from which HCC deductions are to be madeU.K.

34.  Except where paragraph 35 applies, amount S referred to in paragraph 33 is to be found as follows.

Step 1

Determine which relevant payments are to be taken into account under paragraph 6 and determine the amount of each of them (applying paragraphs 31 and 32(3) and (4) as necessary).

Step 2

Determine the period in respect of which each relevant payment is payable and, in accordance with paragraph 7, determine the amount of the payment in respect of a month.

Step 3

If there is more than one relevant payment, add together the amounts determined in step 2 in relation to all relevant payments.

Step 4

Determine under paragraph 36(1) whether an under-occupation deduction is to be made and, if one is to be made, determine the amount of the deduction under paragraph 36(2) and deduct it from the amount resulting from step 2 or 3 (as the case may be).

The result is amount S from which the sum of the housing costs contributions are to be deducted under paragraph 33.

Determining the amount from which HCC deductions are to be made: joint tenantsU.K.

35.—(1) This paragraph applies where, in respect of the accommodation occupied by the renter, one or more persons other than the renter is liable to make relevant payments which are of the same description as those for which the renter is liable and which are to be taken into account under paragraph 6.

(2) Amount S referred to in paragraph 33 is to be found as follows.

Step 1

Determine the total of all relevant payments referred to in sub-paragraph (1) for which the renter and others are liable in respect of the accommodation taken as a whole (applying paragraphs 31 and 32(3) and (4) as necessary).

Step 2

Determine the period in respect of which each relevant payment is payable and, in accordance with paragraph 7, determine the amount of the payment in respect of a month.

Step 3

Add together all of the amounts determined in step 2 in relation to all relevant payments.

Step 4

Find amount S in accordance with whichever of sub-paragraphs (3) to (5) applies in the renter's case.

The result is amount S from which the sum of the housing costs contributions are to be deducted under paragraph 33.

(3) Where the only persons liable to make relevant payments are listed persons, amount S is the amount resulting from step 3 in sub-paragraph (2) less the amount of the under-occupation deduction (if any) required by paragraph 36.

(4) Where the persons liable for the relevant payments are one or more listed persons and one or more other persons, amount S is to be found by the applying the formula—

where—

“A” is the amount resulting from step 3 in sub-paragraph (2),

“B” is the total number of all persons (including listed persons) liable to make the relevant payments, and

“C” is the number of listed persons [F85liable to make relevant payments].

(5) If the Secretary of State is satisfied that it would be unreasonable to determine amount S in accordance with sub-paragraph (4), amount S is to be determined in such manner as the Secretary of State considers appropriate in all the circumstances, having regard (among other things) to the number of persons liable and the proportion of the relevant payments for which each of them is liable.

Textual Amendments

Modifications etc. (not altering text)

C4Sch. 4 para. 35(4) sum maintained (coming into force in accordance with art. 1(2)(o) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(o), 28(4), Sch. 17

Under-occupancy deductionU.K.

36.—(1) A deduction for under-occupancy is to be made under this paragraph where the number of bedrooms in the accommodation exceeds the number of bedrooms to which the renter is entitled under paragraphs 8 to 12.

(2) Where a deduction is to be made, the amount of the deduction is to be determined by the formula—

where—

“A”—

(a)

in relation to any deduction under paragraph 34, is the amount resulting from step 2 or 3 in that paragraph (as the case may be), or

(b)

in relation to any deduction under paragraph 35(3), is the amount resulting from step 3 in paragraph 35(2);

“B” is the relevant percentage.

(3) The relevant percentage is 14% in the case of one excess bedroom.

(4) The relevant percentage is 25% in the case of two or more excess bedrooms.

(5) No deduction for under-occupation is to be made in calculating the amount of the renter's housing costs element under this Part in any case to which regulation 26(4) to (6) (shared ownership) applies.

[F86(6) (a) No deduction for under occupation is to be made in calculating the amount of a renter’s housing cost element under this part where—

(i)domestic violence has been inflicted upon or threatened against the claimant or a member of the claimant’s extended benefit unit (“the victim”) by that person’s partner or former partner, or by a relative;

(ii)the victim is not living at the same address as the person who inflicted or threatened the domestic violence, except where that person is a qualifying young person and is a dependant of a member of the claimant’s extended benefit unit; and

(iii)the claimant provides evidence from a person acting in an official capacity which demonstrates that the claimant is living in a property adapted under a sanctuary scheme and—

(aa)the victim’s circumstances are consistent with those of a person who has had domestic violence inflicted upon or threatened against them; and

(bb)the victim has made contact with the person acting in an official capacity in relation to such an incident;

(b)in this paragraph—

[F87“person acting in an official capacity” has the meaning given to it in regulation 98(4) of these Regulations];

F88...

“sanctuary scheme” means a scheme operated by a provider of social housing enabling victims of domestic violence to remain in their homes through the installation of additional security to the property or the perimeter of the property at which the victim resides.]

Textual Amendments

Modifications etc. (not altering text)

C5Sch. 4 para. 36(2) sum maintained (coming into force in accordance with art. 1(2)(o) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(o), 28(4), Sch. 17

C6Sch. 4 para. 36(3) sum maintained (coming into force in accordance with art. 1(2)(o) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(o), 28(4), Sch. 17

C7Sch. 4 para. 36(4) sum maintained (coming into force in accordance with art. 1(2)(o) of the amending S.I.) by The Social Security Benefits Up-rating Order 2017 (S.I. 2017/260), arts. 1(2)(o), 28(4), Sch. 17

Regulation 26(3)

SCHEDULE 5U.K.Housing costs element for owner-occupiers

PART 1U.K.General

IntroductionU.K.

1.—(1) This Schedule contains provisions about claimants to whom regulation 26(3) applies.

(2) Claimants who fall within sub-paragraph (1) are referred to in this Schedule as “owner-occupiers” (and references to “joint owner-occupiers” are to joint claimants to whom regulation 26(3) applies).

(3) Part 2 of this Schedule sets out an exception to section 11(1) of the Act for certain owner-occupiers in whose case an award of universal credit is not to include an amount of housing costs element calculated under this Schedule.

(4) Part 3 of this Schedule provides for a qualifying period that is to elapse before an amount of housing costs element calculated under this Schedule may be included in an owner-occupier's award of universal credit.

(5) Part 4 provides for the calculation of the amount of housing costs element to be included under this Schedule in an owner-occupier's award of universal credit.

InterpretationU.K.

2.  In this Schedule—

F89...

F89...

“joint owner-occupier” has the meaning given in paragraph 1(2);

F89...

“owner-occupier” means a single owner-occupier within the meaning of paragraph 1(2) or each of joint owner-occupiers;

“qualifying period” has the meaning given in paragraph 5(2);

[F90“relevant date” means, in relation to an owner-occupier, the date on which an amount of housing costs element calculated under this Schedule is first included in the owner-occupier’s award;]

“relevant payments” has the meaning given in paragraph 3;

F89...

Textual Amendments

F89Words in Sch. 5 para. 2 omitted (with effect in accordance with regs. 19 - 21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 5(f)(i)

“Relevant payments” for purposes of this ScheduleU.K.

3.—[F91(1) “Relevant payments” means one or more payments which are service charge payments.]

F92(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) “Service charge payments” is to be understood in accordance with paragraphs 7 and 8 of that Schedule.

Textual Amendments

F91Sch. 5 para. 3(1) substituted (with effect in accordance with regs. 19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 5(f)(ii)

F92Sch. 5 para. 3(2) omitted (with effect in accordance with regs. 19 - 21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 5(f)(iii)

PART 2U.K.Exception to inclusion of housing costs element

No housing costs element where owner-occupier has any earned incomeU.K.

4.—(1) Section 11(1) of the Act (housing costs) does not apply to any owner-occupier in relation to an assessment period where—

(a)the owner-occupier has any earned income; or

(b)if the owner-occupier is a member of a couple, either member of the couple has any earned income.

(2) Sub-paragraph (1) applies irrespective of the nature of the work engaged in, its duration or the amount of the earned income.

(3) Nothing in this paragraph prevents an amount calculated under Schedule 4 from being included in the award of any claimant who falls within regulation 26(4) to (6) (shared ownership).

PART 3U.K.No housing costs element for qualifying period

No housing costs element under this Schedule for qualifying periodU.K.

5.—(1) An owner-occupier's award of universal credit is not to include any amount of housing costs element calculated under this Schedule until the beginning of the assessment period that follows the assessment period in which the qualifying period ends.

(2) “Qualifying period” means a period of—

(a)in the case of a new award, [F939] consecutive assessment periods in relation to which——

(i)the owner-occupier has been receiving universal credit, and

(ii)would otherwise qualify for the inclusion of an amount calculated under this Schedule in their award;

(b)in any case where an amount calculated under this Schedule has for any reason ceased to be included in the award, [F949] consecutive assessment periods in relation to which the owner-occupier would otherwise qualify for the inclusion of an amount calculated under this Schedule in their award.

(3) Where, before the end of a qualifying period, an owner-occupier for any reason ceases to qualify for the inclusion of an amount calculated under this Schedule—

(a)that qualifying period stops running; and

(b)a new qualifying period starts only when the owner-occupier again meets the requirements of sub-paragraph (2)(a) or (b).

Textual Amendments

F93Word in Sch. 5 para. 5(2)(a) substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 5(2) (with reg. 8)

F94Word in Sch. 5 para. 5(2)(b) substituted (1.4.2016) by The Social Security (Housing Costs Amendments) Regulations 2015 (S.I. 2015/1647), regs. 1, 5(2) (with reg. 8)

Application of paragraph 5: receipt of JSA and ESAU.K.

6.—(1) This paragraph applies to any owner-occupier who immediately before the commencement of an award of universal credit is entitled to—

(a)a jobseeker's allowance; or

(b)an employment and support allowance.

(2) In determining when the qualifying period in paragraph 5 ends in relation to the owner-occupier, any period that comprises only days on which the owner-occupier was receiving a benefit referred to in sub-paragraph (1) may be treated as if it were the whole or part of one or more assessment periods, as determined by the number of days on which any such benefit was received.

Modifications etc. (not altering text)

Application of paragraph 5: joint owner-occupiers ceasing to be a coupleU.K.

7.—(1) This paragraph applies where—

(a)an award of universal credit to joint owner-occupiers is terminated because they cease to be a couple; and

(b)a further award is made to one of them (or to each of them); and

(c)in relation to the further award (or in relation to each further award), the occupation condition is met in respect of the same accommodation as that occupied by the joint owner-occupiers as their home.

(2) In determining when the qualifying period in paragraph 5 ends in relation to the further award (or each further award), the whole or part of any assessment period which would have counted in relation to the award that is terminated is to be carried forward and taken into account in relation to the further award (or each further award).

(3) But where, immediately before the joint owner-occupiers' award was terminated, an amount of housing costs element calculated under this Schedule was already included in the award, no qualifying period under paragraph 5 applies to the owner-occupier in relation to the commencement of the further award (or each further award).

(4) For the purposes of sub-paragraph (1)(b), it is irrelevant whether the further award—

(a)is made on a claim; or

(b)by virtue of regulation 9(6) of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 M25 is made without a claim.

Marginal Citations

PART 4U.K.Calculation of amount of housing costs element for owner-occupiers

Payments to be taken into accountU.K.

8.—(1) Where an owner-occupier meets the payment condition, liability condition and occupation condition in respect of one or more relevant payments and the qualifying period has ended, each of the relevant payments is to be taken into account for the purposes of the calculation under this Part.

(2) No account is to be taken of any amount of a relevant payment to the extent that the conditions referred to in sub-paragraph (1) are not met in respect of that amount.

(3) Any particular payment for which an owner-occupier is liable is not to be brought into account more than once, whether in relation to the same or a different owner-occupier (but this does not prevent different payments of the same description being brought into account in respect of an assessment period).

The amount of housing costs elementU.K.

9.  The amount of the owner-occupier's housing costs element under this Schedule is [F95the amount resulting from paragraph 13] in respect of all relevant payments which are to be taken into account under paragraph 8.

Textual Amendments

F95Words in Sch. 5 para. 9 substituted (with effect in accordance with regs. 19 - 21 of the amending S.I.) by The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 5(f)(iv)

Amount in respect of interest on loansU.K.

F9610.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F96Sch. 5 para. 10 omitted (with effect in accordance with regs. 19 - 21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 5(f)(v)

Modifications etc. (not altering text)

C9Sch. 5 Pt. 4 para. 10(2) sum maintained (coming into force in accordance with art. 1(3)(p) of the amending S.I.) (where reg. 20 of S.I. 2017/725 applies) by The Social Security Benefits Up-rating Order 2022 (S.I. 2022/292), art. 33(4)(a)

Amount in respect of alternative finance arrangementsU.K.

F9711.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F97Sch. 5 para. 11 omitted (with effect in accordance with regs. 19 - 21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 5(f)(v)

Modifications etc. (not altering text)

C10Sch. 5 Pt. 4 para. 11(2) sum maintained (coming into force in accordance with art. 1(3)(p) of the amending S.I.) (where reg. 20 of S.I. 2017/725 applies) by The Social Security Benefits Up Rating Order 2022 (S.I. 2022/292), art. 33(4)(b)

Standard rate to be applied under paragraphs 10 and 11U.K.

F9812.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F98Sch. 5 para. 12 omitted (with effect in accordance with regs. 19 - 21 of the amending S.I.) by virtue of The Loans for Mortgage Interest Regulations 2017 (S.I. 2017/725), reg. 1(2)(a), Sch. 5 para. 5(f)(v)

Amount in respect of service charge paymentsU.K.

13.—(1) This paragraph provides for the calculation of the amount to be included in the owner-occupier's housing costs element under this Schedule in respect of relevant payments which are service charge payments.

(2) The amount in respect of the service charge payments is to be calculated as follows.

Step 1

Determine the amount of each service charge payment.

Step 2

Determine the period in respect of which each service charge payment is payable and determine the amount of the payment in respect of a month (see sub-paragraphs (3) and (4)).

Step 3

If there is more than one service charge payment, add together the amounts determined in step 2. The result is the amount to be included under this Schedule in respect of service charge payments.

(3) Where the period in respect of which an owner-occupier is liable to make a service charge payment is not a month, an amount is to be calculated as the monthly equivalent, so for example—

(a)weekly payments are multiplied by 52 and divided by 12;

[F99(aa)two-weekly payments are multiplied by 26 and divided by 12;]

(b)four-weekly payments are multiplied by 13 and divided by 12;

(c)three-monthly payments are multiplied by 4 and divided by 12; and

(d)annual payments are divided by 12.

(4) Where an owner-occupier is liable for service charge payments under arrangements that provide for one or more service charge free periods, [F100subject to sub-paragraph (4A),] the monthly equivalent is to be calculated over 12 months by reference to the total number of service charge payments which the owner-occupier is liable to make in that 12 month period.

[F101(4A) Where sub-paragraph (4) applies and the service charge payments in question are—

(a)weekly payments, the total number of weekly service charge payments which the owner-occupier is liable to make in any 12 month period shall be calculated by reference to the formula—

(b)two-weekly payments, the total number of two-weekly service charge payments which the owner-occupier is liable to make in any 12 month period shall be calculated by reference to the formula—

(c)four weekly payments, the total number of four-weekly service charge payments which the owner-occupier is liable to make in any 12 month period shall be calculated by reference to the formula—

where “SCFP” is the number of service charge free periods in the 12 month period in question.]

(5) “Service charge free period” means any period in respect of which the owner-occupier has no liability to make one or more of the service charge payments which are to be taken into account under paragraph 8.

Textual Amendments

Regulation 39(2) and(3)

SCHEDULE 6U.K.Assessment of whether a claimant has limited capability for work

PART 1U.K.Physical Disabilities

(1) Activity(2) Descriptors(3) Points
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.

1(a) Cannot, unaided by another person, either:

(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or

(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

(b) Cannot, unaided by another person, mount or descend two steps even with the support of a handrail.

(c) Cannot, unaided by another person, either:

(i) mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or

(ii) repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion.

(d) Cannot, unaided by another person, either:

(i) mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or

(ii) repeatedly mobilise 200 metres within a reasonable timescale because of significant discomfort or exhaustion.

(e) None of the above applies.

15

9

9

6

0

2. Standing and sitting.

2(a) Cannot move between one seated position and another seated position which are located next to one another without receiving physical assistance from another person.

(b) Cannot, for the majority of the time, remain at a work station:

(i) standing unassisted by another person (even if free to move around);

(ii) sitting (even in an adjustable chair); or

(iii) a combination of paragraphs (i) and (ii),

for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion.

(c) Cannot, for the majority of the time, remain at a work station:

(i) standing unassisted by another person (even if free to move around);

(ii) sitting (even in an adjustable chair); or

(iii) a combination of paragraphs (i) and (ii),

for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion.

(d) None of the above applies.

15

9

6

0

3. Reaching.

3(a) Cannot raise either arm as if to put something in the top pocket of a coat or jacket.

(b) Cannot raise either arm to top of head as if to put on a hat.

(c) Cannot raise either arm above head height as if to reach for something.

(d) None of the above applies.

15

9

6

0

4. Picking up and moving or transferring by the use of the upper body and arms.

4(a) Cannot pick up and move a 0.5 litre carton full of liquid.

(b) Cannot pick up and move a one litre carton full of liquid.

(c) Cannot transfer a light but bulky object such as an empty cardboard box.

(d) None of the above applies.

15

9

6

0

5. Manual dexterity.

5(a) Cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand.

(b) Cannot pick up a £1 coin or equivalent with either hand.

(c) Cannot use a pen or pencil to make a meaningful mark with either hand.

(d) Cannot single-handedly use a suitable keyboard or mouse.

(e) None of the above applies.

15

15

9

9

0

6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person.

6(a) Cannot convey a simple message, such as the presence of a hazard.

(b) Has significant difficulty conveying a simple message to strangers.

(c) Has some difficulty conveying a simple message to strangers.

(d) None of the above applies.

15

15

6

0

7. Understanding communication by:

(i) verbal means (such as hearing or lip reading) alone;

(ii) non-verbal means (such as reading 16 point print or Braille) alone; or

(iii) a combination of sub-paragraphs (i) and (ii),

using any aid that is normally or could reasonably be used, unaided by another person.

7(a) Cannot understand a simple message, such as the location of a fire escape, due to sensory impairment.

(b) Has significant difficulty understanding a simple message from a stranger due to sensory impairment.

(c) Has some difficulty understanding a simple message from a stranger due to sensory impairment.

(d) None of the above applies.

15

15

6

0

8. Navigation and maintaining safety using a guide dog or other aid if either or both are normally used or could reasonably be used.

8(a) Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment.

(b) Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to sensory impairment.

(c) Unable to navigate around unfamiliar surroundings, without being accompanied by another person, due to sensory impairment.

(d) None of the above applies.

15

15

9

0

9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used.

9(a) At least once a month experiences:

(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or

(ii) substantial leakage of the contents of a collecting device,

sufficient to require cleaning and a change in clothing.

(b) The majority of the time is at risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly.

(c) Neither of the above applies.

15

6

0

10. Consciousness during waking moments.

10(a) At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.

(b) At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.

(c) Neither of the above applies.

15

6

0

PART 2U.K.Mental, cognitive and intellectual function assessment

(1) Activity(2) Descriptors(3) Points
11. Learning tasks.

11(a) Cannot learn how to complete a simple task, such as setting an alarm clock.

(b) Cannot learn anything beyond a simple task, such as setting an alarm clock.

(c) Cannot learn anything beyond a moderately complex task, such as the steps involved in operating a washing machine to clean clothes.

(d) None of the above applies.

15

9

6

0

12. Awareness of everyday hazards (such as boiling water or sharp objects).

12(a) Reduced awareness of everyday hazards leads to a significant risk of:

(i) injury to self or others; or

(ii) damage to property or possessions,

such that the claimant requires supervision for the majority of the time to maintain safety.

(b) Reduced awareness of everyday hazards leads to a significant risk of:

(i) injury to self or others; or

(ii) damage to property or possessions,

such that the claimant frequently requires supervision to maintain safety.

(c) Reduced awareness of everyday hazards leads to a significant risk of:

(i) injury to self or others; or

(ii) damage to property or possessions,

such that the claimant occasionally requires supervision to maintain safety.

(d) None of the above applies.

15

9

6

0

13. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).

13(a) Cannot, due to impaired mental function, reliably initiate or complete at least two sequential personal actions.

(b) Cannot, due to impaired mental function, reliably initiate or complete at least two sequential personal actions for the majority of the time.

(c) Frequently cannot, due to impaired mental function, reliably initiate or complete at least two sequential personal actions.

(d) None of the above applies.

15

9

6

0

14. Coping with change.

14(a) Cannot cope with any change to the extent that day to day life cannot be managed.

(b) Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that, overall, day to day life is made significantly more difficult.

(c) Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that, overall, day to day life is made significantly more difficult.

(d) None of the above applies.

15

9

6

0

15. Getting about.

15(a) Cannot get to any place outside the claimant's home with which the claimant is familiar.

(b) Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person.

(c) Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person.

(d) None of the above applies.

15

9

6

0

16. Coping with social engagement due to cognitive impairment or mental disorder.

16(a) Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant.

(b) Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the claimant.

(c) Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the claimant.

(d) None of the above applies.

15

9

6

0

17. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.

17(a) Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.

(b) Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.

(c) Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.

(d) None of the above applies.

15

15

9

0

Regulation 40(2) and (3)

SCHEDULE 7U.K.Assessment of whether a claimant has limited capability for work and work-related activity

ActivityDescriptors
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.

1 Cannot either:

(a) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or

(b) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

2. Transferring from one seated position to another.2 Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.
3. Reaching.3 Cannot raise either arm as if to put something in the top pocket of a coat or jacket.
4. Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule).4 Cannot pick up and move a 0.5 litre carton full of liquid.
5. Manual dexterity.5 Cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand.
6. Making self understood through speaking, writing, typing, or other means which are normally, or could reasonably be, used unaided by another person.6 Cannot convey a simple message, such as the presence of a hazard.

7. Understanding communication by:

(i) verbal means (such as hearing or lip reading) alone;

(ii) non-verbal means (such as reading 16 point print or Braille) alone; or

(iii) a combination of sub-paragraphs (i) and (ii),

using any aid that is normally, or could reasonably, be used unaided by another person.

7 Cannot understand a simple message, such as the location of a fire escape, due to sensory impairment.
8. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used.

8 At least once a week experiences:

(a) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or

(b) substantial leakage of the contents of a collecting device sufficient to require the individual to clean themselves and change clothing.

9. Learning tasks.9 Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder.
10. Awareness of hazard.

10 Reduced awareness of everyday hazards, due to cognitive impairment or mental disorder, leads to a significant risk of:

(a) injury to self or others; or

(b) damage to property or possessions,

such that the claimant requires supervision for the majority of the time to maintain safety.

11. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).11 Cannot, due to impaired mental function, reliably initiate or complete at least two sequential personal actions.
12. Coping with change.12 Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed.
13. Coping with social engagement, due to cognitive impairment or mental disorder.13 Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant.
14. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.14 Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.
15. Conveying food or drink to the mouth.

15(a) Cannot convey food or drink to the claimant's own mouth without receiving physical assistance from someone else;

(b) Cannot convey food or drink to the claimant's own mouth without repeatedly stopping or experiencing breathlessness or severe discomfort;

(c) Cannot convey food or drink to the claimant's own mouth without receiving regular prompting given by someone else in the claimant's presence; or

(d) Owing to a severe disorder of mood or behaviour, fails to convey food or drink to the claimant's own mouth without receiving:

(i) physical assistance from someone else; or

(ii) regular prompting given by someone else in the claimant's presence.

16. Chewing or swallowing food or drink.

16(a) Cannot chew or swallow food or drink;

(b) Cannot chew or swallow food or drink without repeatedly stopping or experiencing breathlessness or severe discomfort;

(c) Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant's presence; or

(d) Owing to a severe disorder of mood or behaviour, fails to:

(i) chew or swallow food or drink; or

(ii) chew or swallow food or drink without regular prompting given by someone else in the claimant's presence.

Regulation 39(6)

SCHEDULE 8U.K.Circumstances in which a claimant is to be treated as having limited capability for work

Receiving certain treatmentsU.K.

1.  The claimant is receiving—U.K.

(a)regular weekly treatment by way of haemodialysis for chronic renal failure;

(b)treatment by way of plasmapheresis; or

(c)regular weekly treatment by way of total parenteral nutrition for gross impairment of enteric function,

or is recovering from any of those forms of treatment in circumstances in which the Secretary of State is satisfied that the claimant should be treated as having limited capability for work.

In hospitalU.K.

2.—(1) The claimant is—U.K.

(a)undergoing medical or other treatment as [F102a patient] in a hospital or similar institution; or

(b)recovering from such treatment in circumstances in which the Secretary of State is satisfied that the claimant should be treated as having limited capability for work.

(2) The circumstances in which a claimant is to be regarded as undergoing treatment falling within sub-paragraph (1)(a) include where the claimant is attending a residential programme of rehabilitation for the treatment of drug or alcohol dependency.

(3) For the purposes of this paragraph, a claimant is to be regarded as undergoing treatment as a patient in a hospital or similar institution only if that claimant has been advised by a health care professional to stay [F103for a period of 24 hours or longer] following medical or other treatment.

Textual Amendments

Prevented from working by lawU.K.

3.—(1) The claimant—U.K.

(a)is excluded or abstains from work pursuant to a request or notice in writing lawfully made or given under an enactment; or

(b)is otherwise prevented from working pursuant to an enactment,

by reason of it being known or reasonably suspected that the claimant is infected or contaminated by, or has been in contact with a case of, a relevant infection or contamination.

(2) In sub-paragraph (1) “relevant infection or contamination” means—

(a)in England and Wales—

(i)any incidence or spread of infection or contamination, within the meaning of section 45A(3) of the Public Health (Control of Disease) Act 1984 M26 in respect of which regulations are made under Part 2A of that Act (public health protection) for the purpose of preventing, protecting against, controlling or providing a public health response to, such incidence or spread, or

(ii)tuberculosis or any infectious disease to which regulation 9 of the Public Health (Aircraft) Regulations 1979 (powers in respect of persons leaving aircraft) M27 applies or to which regulation 10 of the Public Health (Ships) Regulations 1979 (powers in respect of certain persons on ships) M28 applies; and

(b)in Scotland any—

(i)infectious disease within the meaning of section 1(5) of the Public Health etc (Scotland) Act 2008 M29, or exposure to an organism causing that disease; or

(ii)contamination within the meaning of section 1(5) of that Act, or exposure to a contaminant,

to which sections 56 to 58 of that Act (compensation) apply.

Marginal Citations

M261984 c.22. Section 45A and Part 2A were inserted by section 129 of the Health Act 2008 (c.14).

M28S.I. 1979/1435. Regulation 10 was amended by S.I.s 2007/1446 and 1901.

Risk to self or othersU.K.

4.—(1) The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work.U.K.

(2) This paragraph does not apply where the risk could be reduced by a significant amount by—

(a)reasonable adjustments being made in the claimant's workplace; or

(b)the claimant taking medication to manage their condition where such medication has been prescribed for the claimant by a registered medical practitioner treating the claimant.

Life threatening diseaseU.K.

5.  The claimant is suffering from a life threatening disease in relation to which—U.K.

(a)there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and

(b)in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure.

Disabled and over the age for state pension creditU.K.

6.  The claimant has reached the qualifying age for state pension credit and is entitled to disability living allowance[F104, personal independence payment or adult disability payment].U.K.

Textual Amendments

Regulation 40(5)

SCHEDULE 9U.K.Circumstances in which a claimant is to be treated as having limited capability for work and work-related activity

Terminal illnessU.K.

1.  The claimant is terminally ill.U.K.

PregnancyU.K.

2.  The claimant is a pregnant woman and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work and work-related activity.U.K.

Receiving treatment for cancerU.K.

3.  The claimant is—U.K.

(a)receiving treatment for cancer by way of chemotherapy or radiotherapy;

(b)likely to receive such treatment within 6 months after the date of the determination of capability for work and work-related activity; or

(c)recovering from such treatment,

and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work and work-related activity.

Risk to self or othersU.K.

4.  The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work and work-related activity.U.K.

Disabled and over the age for state pension creditU.K.

5.  The claimant has reached the qualifying age for state pension credit and is entitled to attendance allowance, the care component of disability living allowance at the highest rate or the daily living component of personal independence payment at the enhanced rate [F105or the daily living component of adult disability payment at the enhanced rate in accordance with regulation 5(3) of the Disability Assistance for Working Age People (Scotland) Regulations 2022].U.K.

Textual Amendments

Regulation 48

SCHEDULE 10U.K.Capital to be disregarded

PremisesU.K.

1.—(1) Premises occupied by a person as their home.U.K.

(2) For the purposes of this paragraph and paragraphs 2 to 5, only one set of premises may be treated as a person's home.

2.  Premises occupied by a close relative of a person as their home where that close relative has limited capability for work or has reached the qualifying age for state pension credit.U.K.

3.  Premises occupied by a person's former partner as their home where the person and their former partner are not estranged, but living apart by force of circumstances, for example where the person is in residential care.U.K.

4.—(1) Premises that a person intends to occupy as their home where—U.K.

(a)the person has acquired the premises within the past 6 months but not yet taken up occupation;

(b)the person is taking steps to obtain possession and has commenced those steps within the past 6 months; or

(c)the person is carrying out essential repairs or alterations required to render the premises fit for occupation and these have been commenced within the past 6 months.

(2) A person is to be taken to have commenced steps to obtain possession of premises on the date that legal advice is first sought or proceedings are commenced, whichever is earlier.

5.  Premises that a person has ceased to occupy as their home following an estrangement from their former partner where—U.K.

(a)the person has ceased to occupy the premises within the past 6 months; or

(b)the person's former partner is a lone parent and occupies the premises as their home.

6.  Premises that a person is taking reasonable steps to dispose of where those steps have been commenced within the past 6 months.U.K.

Business assetsU.K.

7.  Assets which are used wholly or mainly for the purposes of a trade, profession or vocation which the person is carrying on.U.K.

8.  Assets which were used wholly or mainly for a trade, profession or vocation that the person has ceased to carry on within the past 6 months if—U.K.

(a)the person is taking reasonable steps to dispose of those assets; or

(b)the person ceased to be engaged in carrying on the trade, profession or vocation because of incapacity and can reasonably expect to be reengaged on recovery.

Rights in pensions schemes etcU.K.

9.  The value of any policy of life insurance.U.K.

10.—(1) The value of any right to receive a pension under an occupational or personal pension scheme or any other pension scheme registered under section 153 of the Finance Act 2004 M30.U.K.

(2) “Occupational pension scheme” and “personal pension scheme” have the meaning in section 1 of the Pension Schemes Act 1993 M31.

Marginal Citations

11.—(1) The value of a funeral plan contract.U.K.

(2) “Funeral plan contract” means a contract under which the person makes payments to a person to secure the provision of a funeral and where the sole purpose of the plan is the provision of a funeral.

Amounts earmarked for special purposesU.K.

12.  An amount deposited with a housing association as a condition of the person occupying premises as their home.U.K.

13.  An amount received within the past 6 months which is to be used for the purchase of premises that the person intends to occupy as their home where that amount—U.K.

(a)is attributable to the proceeds of the sale of premises formerly occupied by the person as their home;

(b)has been deposited with a housing association as mentioned in paragraph 12; or

(c)is a grant made to the person for the sole purpose of the purchase of a home.

14.  An amount received under an insurance policy within the past 6 months in connection with the loss or damage to the premises occupied by the person as their home or to their personal possessions.U.K.

15.  An amount received within the past 6 months that is to be used for making essential repairs or alterations to premises occupied or intended to be occupied as the person's home where that amount has been acquired by the person (whether by grant or loan or otherwise) on condition that it is used for that purpose.U.K.

Other paymentsU.K.

16.  A payment made within the past 12 months under Part 8 of the Contributions and Benefits Act (the social fund).U.K.

17.—(1) A payment made within the past 12 months by or on behalf of a local authority—U.K.

(a)under section 17, 23B, 23C or 24A of the Children Act 1989 M32, section 12 of the Social Work (Scotland) Act 1968 M33 [F106, section 29 or 30 of the Children (Scotland) Act 1995 or section 37, 38, 109, 110, 114 or 115 of the Social Services and Well-being (Wales) Act 2014]; or

(b)under any other enactment in order to meet a person's welfare needs related to old age or disability, other than living expenses.

(2) In sub-paragraph (1) “living expenses” has the meaning in regulation 66(2).

Textual Amendments

Marginal Citations

M321989 c.41. Sections 23B and 23C were inserted by section 2 of the Children (Leaving Care) act 2000 (c.35) and section 24A was inserted by section 4 of that Act.

18.—(1) A payment received within the past 12 months by way of arrears of, or compensation for late payment of—U.K.

(a)universal credit;

(b)a benefit abolished by section 33 of the Act; or

(c)a social security benefit which is not included as unearned income under regulation 66(1)(a) or (b).

(2) “Social security benefit” means a benefit under any enactment relating to social security in any part of the United Kingdom [F107and includes armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011].

Textual Amendments

[F10818ZA.  A payment made within the past 12 months of widowed parent’s allowance—U.K.

(a)to the survivor of a cohabiting partnership (within the meaning in section 39A(7) of the Contributions and Benefits Act) who is entitled to widowed parent’s allowance for a period before the Bereavement Benefits (Remedial) Order 2023 comes into force, and

(b)in respect of any period of time during the period ending with the day before the survivor makes the claim for widowed parent’s allowance.]

Textual Amendments

[F10918A.  A payment received within the past 12 months by way of local welfare provision including arrears and payments in lieu of local welfare provision.]U.K.

Textual Amendments

19.  A payment to a person by virtue of being a holder of the Victoria Cross or George Cross.U.K.

[F11020.—[F111(1)] A payment made within the past 12 months of bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment).]U.K.

[F112(2) Where bereavement support payment under section 30 of the Pensions Act 2014 (bereavement support payment) has been paid within the past 12 months to the survivor of a cohabiting partnership (within the meaning in section 30(6B) of the Pensions Act 2014) in respect of a death occurring before the day the Bereavement Benefits (Remedial) Order 2023 comes into force, any amount of that payment which is—

(a)in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment Regulations 2017, and

(b)paid as a lump sum for more than one monthly recurrence of the day of the month on which their cohabiting partner died.]

Textual Amendments

F110Sch. 10 para. 20 inserted (coming into force in accordance with arts. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 43(4)

[F11321.  Any early years assistance given within the past 12 months in accordance with section 32 of the Social Security (Scotland) Act 2018.]U.K.

Textual Amendments

F113Sch. 10 para. 21 inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Social Security (Scotland) Act 2018 (Best Start Grants) (Consequential Modifications and Saving) Order 2018 (S.I. 2018/1138), art. 11(2)

[F11422.  Any funeral expense assistance given within the past 12 months in accordance with section 34 of the Social Security (Scotland) Act 2018.]U.K.

Textual Amendments

[F11523.  Any assistance given within the past 52 weeks in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.]U.K.

Textual Amendments

[F11624.  Any winter heating assistance given within the past 52 weeks in accordance with regulations under section 30 of the Social Security (Scotland) Act 2018.]U.K.

Textual Amendments

Regulation 110

SCHEDULE 11U.K.Application of ESA or JSA sanctions to universal credit

Moving an ESA sanction to UCU.K.

1.—(1) This paragraph applies where—

(a)a person is, or has ceased to be, entitled to an employment and support allowance;

(b)there is a reduction relating to the award of the employment and support allowance under section 11J of the Welfare Reform Act 2007 M34; and

(c)the person becomes entitled to universal credit.

(2) Any reduction relating to the award of the employment and support allowance is to be applied to the award of universal credit.

(3) The period for which the reduction is to have effect is the number of days which apply to the person under regulations 52 and 53 of the ESA Regulations minus—

(a)any days which have already resulted in a reduction to the amount of the employment and support allowance; and

(b)if the award of the employment and support allowance has terminated, any days falling after the date of that termination and before the date on which the award of universal credits starts,

and that period is to be added to the total outstanding reduction period.

(4) The amount of the reduction in the award of universal credit for any assessment period in which the reduction is applied is the amount calculated in accordance with regulation 110.

Marginal Citations

M342007 Section 11J was inserted by section 57 of the Welafre Reform Act 2012.

Moving a JSA sanction to UCU.K.

2.—(1) This paragraph applies where—

(a)a person is, or has ceased to be, entitled to a jobseeker's allowance;

(b)there is a reduction relating to the person's award of a jobseeker's allowance under section 6J or 6K of the Jobseekers Act 1995 M35; and

(c)the person becomes entitled to universal credit.

(2) Any reduction relating to the award of the jobseeker's allowance is to be applied to the award of universal credit.

(3) The period for which the reduction is to have effect is the number of days which apply to the person under regulations 19 to 21 of the Jobseeker's Allowance Regulations 2013 M36 minus—

(a)any days which have already resulted in a reduction to the amount of the jobseeker's allowance; and

(b)if the award of the jobseeker's allowance has terminated, any days falling after the date of that termination and before the date on which the award of universal credits starts,

and that period is to be added to the total outstanding reduction period.

(4) The amount of the reduction in the award of universal credit for any assessment period in which the reduction is applied is the amount calculated in accordance with regulation 110.

Marginal Citations

M351995 c.18. Sections 6J and 6K were inserted by section 49(3) of the Welfare Reform Act 2012.

Effect of ESA or JSA sanction on escalation of UC sanctionU.K.

3.  Where—

(a)a reduction in relation to an award of an employment and support allowance or an award of a jobseeker's allowance is applied to an award of universal credit by virtue of paragraph 1 or 2;

(b)there is a subsequent sanctionable failure under section 26 or 27 of the Act; and

(c)the failure giving rise to the reduction in relation to the award of an employment and support allowance or the award of a jobseeker's allowance (“the previous failure”) and the reduction period determined for that failure correspond with a failure specified under section 26 or 27 of the Act to which the same reduction period would apply under Chapter 2 of Part 8 of these Regulations,

for the purposes of determining the reduction period for that subsequent failure, the previous failure is to be treated as if it were the corresponding failure under section 26 or 27 of the Act.

Regulation 24A(4)

[F117SCHEDULE 12U.K.Availability of the child element where maximum exceeded - exceptions

Textual Amendments

IntroductionU.K.

1.  This Schedule provides for cases where, for the purposes of regulation 24A, an exception applies in relation to a child or qualifying young person for whom a claimant is responsible (“A”).

Multiple birthsU.K.

2.  An exception applies where—

(a)the claimant is a parent (other than an adoptive parent) of A;

(b)A was one of two or more children born as a result of the same pregnancy;

(c)the claimant is responsible for at least two of the children or qualifying young persons born as a result of that pregnancy; and

(d)A is not the first in the order of those children or qualifying young persons as determined under regulation 24B.

AdoptionsU.K.

3.  An exception applies where A has been placed for adoption with, or adopted by, the claimant in accordance with the Adoption and Children Act 2002 or the Adoption and Children (Scotland) Act 2007, but not where—

(a)the claimant (or, if the claimant is a member of a couple, the other member)—

(i)was a step-parent of A immediately prior to the adoption; or

(ii)has been a parent of A (other than by adoption) at any time;

(b)the adoption order made in respect of A was made as a Convention adoption order (as defined, in England and Wales, in section 144 of the Adoption and Children Act 2002 and in Scotland, in section 119(1) of the Adoption and Children Scotland Act 2007); or

(c)prior to that adoption, A had been adopted by the claimant (or, if the claimant is a member of a couple, the other member) under the law of any country or territory outside the British Islands.

Non-parental caring arrangementsU.K.

4.—(1) An exception applies where the claimant—

(a)is a friend or family carer in relation to A; or

(b)is responsible for a child who is a parent of A.

(2) In this paragraph, “friend or family carer” means a person who is responsible for A, but is not (or, if that person is a member of a couple, neither member is) A’s parent or step-parent and—

(a)is named in a child arrangements order under section 8 of the Children Act 1989, that is in force with respect to A, as a person with whom A is to live;

(b)is a special guardian of A appointed under section 14A of that Act;

(c)is entitled to a guardian’s allowance under section 77 of the Contributions and Benefits Act in respect of A;

(d)in whose favour a kinship care order, as defined in section 72(1) of the Children and Young People (Scotland) Act 2014, subsists in relation to A;

(e)is a guardian of A appointed under section 5 of the Children Act 1989 or section 7 of the Children (Scotland) Act 1995;

(f)in whom one or more of the parental responsibilities or parental rights respectively described in section 1 and 2 of the Children (Scotland) Act 1995 are vested by a permanence order made in respect of A under section 80 of the Adoption and Children (Scotland) Act 2007;

(g)fell within any of paragraphs (a) to (f) immediately prior to A’s 16th birthday and has since continued to be responsible for A; or

(h)has undertaken the care of A in circumstances in which it is likely that A would otherwise be looked after by a local authority.

Non-consensual conceptionU.K.

5.—(1) An exception applies where—

(a)the claimant (“C”) is A’s parent; and

(b)the Secretary of State determines that—

(i)A is likely to have been conceived as a result of sexual intercourse to which C did not agree by choice, or did not have the freedom and capacity to agree by choice; and

(ii)C is not living at the same address as the other party to that intercourse (“B”).

(2) The circumstances in which C is to be treated as not having the freedom or capacity to agree by choice to the sexual intercourse are to include (but are not limited to) circumstances in which, at or around the time A was conceived—

(a)B was personally connected to C;

(b)B was repeatedly or continuously engaging in behaviour towards C that was controlling or coercive; and

(c)that behaviour had a serious effect on C.

(3) The Secretary of State may make the determination in sub-paragraph (1)(b)(i) only if—

(a)C provides evidence from an approved person which demonstrates that—

(i)C had contact with that approved person or another approved person; and

(ii)C’s circumstances are consistent with those of a person to whom sub-paragraphs (1)(a) and (1)(b)(i) apply; or

(b)there has been—

(i)a conviction for—

(aa)an offence of rape under section 1 of the Sexual Offences Act 2003 or section 1 of the Sexual Offences (Scotland) Act 2009;

(bb)an offence of controlling or coercive behaviour in an intimate or family relationship under section 76 of the Serious Crime Act 2015; or

(cc)an offence under the law of a country outside Great Britain that the Secretary of State considers to be analogous to the offence mentioned in sub-paragraph (aa) or (bb) above; or

(ii)an award under the Criminal Injuries Compensation Scheme in respect of a relevant criminal injury sustained by C,

where it appears likely to the Secretary of State that the offence was committed, or the criminal injury was caused, by B and resulted in the conception of A or diminished C’s freedom or capacity to agree by choice to the sexual intercourse which resulted in that conception.

(4) The Secretary of State may make the determination in sub-paragraph (1)(b)(ii) where the only available evidence is confirmation by C that that sub-paragraph applies.

(5) For the purposes of sub-paragraph (2)(a), B was personally connected to C if, at or around the time A was conceived—

(a)they were in an intimate personal relationship with each other; or

(b)they were living together and—

(i)were members of the same family; or

(ii)had previously been in an intimate personal relationship with each other.

(6) For the purposes of sub-paragraph (2)(c), B’s behaviour had a serious effect on C if—

(a)it caused C to fear, on at least two occasions, that violence would be used against C; or

(b)it caused C serious alarm or distress which had a substantial adverse effect on C’s day-to-day activities.

(7) In sub-paragraph (3)—

“approved person” means a person of a description specified on a list approved by the Secretary of State for the purposes of sub-paragraph (3)(a) and acting in their capacity as such;

“Criminal Injuries Compensation Scheme” means the Criminal Injuries Compensation Scheme under the Criminal Injuries Compensation Act 1995; and

“relevant criminal injury” means—

(a)

a sexual offence (including a pregnancy sustained as a direct result of being the victim of a sexual offence);

(b)

physical abuse of an adult, including domestic abuse; or

(c)

mental injury,

as described in the tariff of injuries in the Criminal Injuries Compensation Scheme.

(8) For the purposes of sub-paragraph (5)(b)(i), B and C were members of the same family if, at or around the time A was conceived—

(a)they were, or had been, married to each other;

(b)they were, or had been, civil partners of each other;

(c)they were relatives (within the meaning given by section 63(1) of the Family Law Act 1996);

(d)they had agreed to marry each other, whether or not the agreement had been terminated;

(e)they had entered into a civil partnership agreement (within the meaning given by section 73 of the Civil Partnership Act 2004), whether or not the agreement had been terminated;

(f)they were both parents of the same child; or

(g)they had, or had had, parental responsibility (within the meaning given in regulation 4A(2)) for the same child.

Continuation of existing exception in a subsequent awardU.K.

6.  An exception applies where—

(a)the claimant (“C”) is A’s step-parent;

(b)none of the exceptions under paragraphs 2 to 5 above apply;

(c)C has previously been entitled to an award of universal credit as a member of a couple jointly with a parent of A, in which an exception under paragraph 2, 3 or 5 above applied in relation to A;

(d)since that award terminated, each award of universal credit to which C has been entitled has been made—

(i)as a consequence of a previous award having ended when C ceased to be a member of a couple or became a member of a couple; or

(ii)in any other circumstances in which the assessment periods for that award begin on the same day of each month as the assessment periods for a previous award under regulation 21 (assessment periods); and

(e)where, in the award mentioned in sub-paragraph (c), an exception under paragraph 2 above applied in relation to A—

(i)C is responsible for one or more other children or qualifying young persons born as a result of the same pregnancy as A; and

(ii)A is not the first in the order of those children or qualifying young persons as determined under regulation 24B (order of children and qualifying young persons).]

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