1(1)Subject to sub-paragraph (2) and paragraph 2, the regulations must be framed so that an individual’s eligibility in respect of a given period depends on meeting the conditions described in either—
(a)sub-paragraph (3), or
(b)sub-paragraph (4).
(2)The regulations need not be framed so that eligibility depends on meeting the conditions described in sub-paragraph (3) or (4) if it is not (or is no longer) possible for circumstances to arise enabling the conditions described in the sub-paragraph to be met.
(3)The conditions referred to in sub-paragraph (1)(a) are—
(a)the individual is entitled to an award of universal credit in respect of the period in question,
(b)an amount under section 11 of the Welfare Reform Act 2012 (housing costs) is to be included in the calculation of that award,
(c)the amount relates to the individual’s liability to make payments in respect of accommodation in the social rented sector other than temporary accommodation,
(d)were it not for regulations made by the Scottish Ministers by virtue of section 29(2) of the Scotland Act 2016, the amount would be lower on account of its being reduced due to the number of bedrooms in the property that the individual lives in,
(e)as a result of being entitled to more than would otherwise be the case because of the regulations referred to in paragraph (d), the value of the assistance to which the individual is entitled under an enactment is reduced in accordance with regulations under section 96 of the Welfare Reform Act 2012 (benefit cap).
(4)The conditions referred to in sub-paragraph (1)(b) are—
(a)the individual is entitled to an award of universal credit in respect of the period in question,
(b)during that period, the individual is—
(i)18 years of age or over, but
(ii)not more than 21 years of age,
(c)no amount under section 11 of the Welfare Reform Act 2012 is to be included in the calculation of the award, and
(d)an amount under that section would fall to be included in the calculation, in respect of accommodation in Scotland, if the individual were older.
(5)The regulations are to define “accommodation in the social rented sector” and “temporary accommodation” for the purpose of determining entitlement to housing assistance under provision made in accordance with paragraph 1(3).