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.
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;
F1(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)payments which are owner-occupier payments [F2within 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;
[F3(h)payments in respect of accommodation specified in paragraph 3A];
[F4(i)payments in respect of accommodation specified in paragraph 3B.]
Textual Amendments
F1Sch. 1 para. 3(e) omitted (3.11.2014) by virtue of The Housing Benefit and Universal Credit (Supported Accommodation) (Amendment) Regulations 2014 (S.I. 2014/771), regs. 1(3), 2(2)(b)(i)
F2Words 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)
F3Sch. 1 para. 3(h) added (3.11.2014) by The Housing Benefit and Universal Credit (Supported Accommodation) (Amendment) Regulations 2014 (S.I. 2014/771), regs. 1(3), 2(2)(b)(ii)
F4Sch. 1 para. 3(i) inserted (11.4.2018) by The Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations 2018 (S.I. 2018/65), regs. 1(4), 3(12)(a) (with reg. 8(2)(3))
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—
council for a county in England for each part of which there is a district council;
housing association;
registered charity; or
voluntary organisation.]
Textual Amendments
F5Sch. 1 para. 3A inserted (3.11.2014) by The Housing Benefit and Universal Credit (Supported Accommodation) (Amendment) Regulations 2014 (S.I. 2014/771), regs. 1(3), 2(2)(c)
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
F6Sch. 1 para. 3B inserted (11.4.2018) by The Universal Credit (Miscellaneous Amendments, Saving and Transitional Provision) Regulations 2018 (S.I. 2018/65), regs. 1(4), 3(12)(b) (with reg. 8(2)(3))