The Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021

Specification of relevant accommodation

2.—(1) Accommodation is relevant accommodation for the purposes of section 57(2) of the Domestic Abuse Act 2021 if it is of the description specified in paragraph (2) or (3).

(2) Accommodation which—

(a) is provided by a local housing authority, a private registered provider of social housing(1) or a registered charity whose objects include the provision of support to victims of domestic abuse;

(b) is of a description specified in paragraph (4); and

(c) is not bed and breakfast accommodation.

(3) Accommodation which is part of a sanctuary scheme.

(4) Accommodation is of a specified description for the purposes of paragraph (2)(b) if it is—

(a) refuge accommodation;

(b) specialist safe accommodation;

(c) dispersed accommodation;

(d) second stage accommodation; or

(e) other accommodation designated by the local housing authority, private registered provider of social housing or registered charity as domestic abuse emergency accommodation.

(5) In this regulation—

“bed and breakfast accommodation” means temporary accommodation (whether or not breakfast is included)—

(a)

which is not separate and self-contained accommodation; and

(b)

in which any one or more of the following amenities is shared by more than one household—

(i)

a toilet,

(ii)

personal washing facilities,

(iii)

cooking facilities,

but does not include accommodation which is owned or managed by a local housing authority, a non-profit registered provider of social housing or a voluntary organisation (as such an organisation is defined in section 180(3) of the Housing Act 1996(2));

“dispersed accommodation” means self-contained accommodation provided to a victim of domestic abuse with a similar level of domestic abuse support to that provided in refuge accommodation;

“local housing authority” has the same meaning as in section 1 of the Housing Act 1985(3);

“non-profit registered provider of social housing” has the same meaning as in section 115(10) of the Housing and Regeneration Act 2008;

“refuge accommodation” means accommodation used wholly or mainly for providing accommodation to victims of domestic abuse where domestic abuse support tied to that accommodation is provided for victims;

“registered charity” means a charity registered under section 30(1) of the Charities Act 2011(4);

“sanctuary scheme” means a scheme operated by a local housing authority or a private registered provider of social housing, enabling victims of domestic abuse to remain in their own homes through the installation of additional security to the property or the perimeter of the property at which the victim resides;

“second stage accommodation” means accommodation provided to a person who is moving on from one of the other forms of accommodation described in paragraph (4) that provides domestic abuse support for a fixed period to enable the person to move to accommodation that is not of the description in paragraph (4);

“specialist safe accommodation” means accommodation which provides dedicated specialist domestic abuse support to victims of domestic abuse who share relevant protected characteristics under the Equality Act 2010(5) or who share one or more vulnerabilities requiring additional support.

(1)

See section 80(3)(a) of the Housing and Regeneration Act 2008 (c. 17).

(2)

1996 c. 52.

(3)

1985 c. 68.

(4)

2011 c. 25.

(5)

2010 c. 15.