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The Universal Credit Regulations 2013

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Under-occupancy deductionU.K.
This section has no associated Explanatory Memorandum

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.

[F2(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—

[F3person acting in an official capacity” has the meaning given to it in regulation 98(4) of these Regulations];

F4...

“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.]

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