The Housing Benefit and Universal Credit (Victims of Domestic Abuse and Victims of Modern Slavery) (Amendment) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit Regulations 2006 (S.I. 2006/213) (“the Housing Benefit Regulations”) and the Universal Credit Regulations 2013 (S.I. 2013/376) (“the Universal Credit Regulations”). They extend the scope of the exemptions from the shared accommodation rate for the Local Housing Allowance (“LHA”) (and the Single Room Rent (“SRR”) in the case of Housing Benefit) to include victims of domestic violence who have attained the age of 16 and victims of modern slavery (“the relevant victims”).

Regulation 2 amends the definition of “young individual” in regulation 2 of the Housing Benefit Regulations to exclude the relevant victims. As the definition of “young individual” will now exclude the relevant victims, those victims will fall outside the scope of regulation 13(5), which provides that in the case of a “young individual” the maximum rent will be the SRR unless one of the specified exceptions applies.

In the same way, regulation 13D (determination of a maximum rent (LHA)), will also not apply to the relevant victims, as they will fall outside the definition of “young individual” and therefore outside the scope of regulation 13D(2)(a)(i), which provides that where the claimant is a “young individual” the one bedroom shared accommodation rate applies, subject to specified exceptions.

The meaning of “relative”, as used within the definition of “young individual”, is also amended so that it has the meaning given by section 63(1) of the Family Law Act 1996(1).

Regulation 3 amends paragraph 29 of Schedule 4 to the Universal Credit Regulations (renters excepted from shared accommodation) to include the relevant victims within the list of renters excepted from the shared accommodation rate. Regulation 3 also amends paragraph 2 of Schedule 4 so that “relative”, as it appears within paragraphs 29 and 36, has the meaning given by section 63(1) of the Family Law Act 1996.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen.

(1)

1996 c. 27.