Social Security Citation, commencement and transitional provision 1 1 These Regulations may be cited as the Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 and come into force on 1st April 2017. 2 Where an amendment made by regulation 6 applies in respect of an existing award of universal credit, that amendment has effect for the purposes of that award— a on 1st April 2017, if there is an assessment period for the award that begins on that day; or b if sub-paragraph (a) does not apply, on the first day of the next assessment period for the award beginning after that day. 3 In this regulation— “assessment period” has the meaning given by section 7(2) of the Welfare Reform Act 2012; “existing award of universal credit” means an award of universal credit that exists on 1st April 2017. Amendments to the Rent Officers (Housing Benefit Functions) Order 1997 2 1 Schedule 2 (size criteria) to the Rent Officers (Housing Benefit Functions) Order 1997 is amended as follows. 2 In paragraph 1— a before sub-paragraph (a) insert— za a member of a couple who cannot share a bedroom; zb a member of a couple who can share a bedroom; ; b in sub-paragraph (a) omit “(within the meaning of Part VII of the Social Security Contributions and Benefits Act 1992)”; c in the full-out words at the end— i after “a child who cannot share a bedroom” insert “or a member of a couple who cannot share a bedroom”; ii after “the child” insert “or the member of the couple”. 3 In paragraph 1A, for sub-paragraph (a) substitute— a one or more of the following persons is stated as being a person who requires overnight care— i the tenant; ii the tenant’s partner; iii a person (other than the tenant or the tenant’s partner) who occupies the dwelling as their home; iv a child or young person in respect of whom the tenant or the tenant’s partner is a qualifying parent or carer; or . 4 In paragraph 3— a after “child who cannot share a bedroom” insert “, “couple”, “member of a couple who cannot share a bedroom”; b at the end insert “and reference to a member of a couple who can share a bedroom is to be construed in accordance with regulation 2(6) of those Regulations”. Amendments to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 3 1 Schedule 2 (size criteria) to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 is amended as follows. 2 In paragraph 1— a before sub-paragraph (a) insert— za a member of a couple who cannot share a bedroom; zb a member of a couple who can share a bedroom; ; b in sub-paragraph (a) omit “(within the meaning of Part VII of the Social Security Contributions and Benefits Act 1992)”; c in the full-out words at the end— i after “a child who cannot share a bedroom” insert “or a member of a couple who cannot share a bedroom”; ii after “the child” insert “or the member of the couple”. 3 In paragraph 1A, for sub-paragraph (a) substitute— a one or more of the following persons is stated as being a person who requires overnight care— i the tenant; ii the tenant’s partner; iii a person (other than the tenant or the tenant’s partner) who occupies the dwelling as their home; iv a child or young person in respect of whom the tenant or the tenant’s partner is a qualifying parent or carer; or . 4 In paragraph 3— a after “child who cannot share a bedroom” insert “, “couple”, “member of a couple who cannot share a bedroom”; b at the end insert “and reference to a member of a couple who can share a bedroom is to be construed in accordance with regulation 2(6) of those Regulations”. Amendments to the Housing Benefit Regulations 2006 4 1 The Housing Benefit Regulations 2006 are amended as follows. 2 In regulation 2 (interpretation)— a after the definition of “maximum rent (LHA)” insert— “member of a couple who cannot share a bedroom” means a member of a couple— who is in receipt of— attendance allowance at the higher rate in accordance with section 65(3) of the Act; the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; or armed forces independence payment; and whom the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with the other member of the couple; ; b in the definition of “person who requires overnight care” in paragraph (a)(iii) after “provided” insert “or, where P is a child, the claimant has provided”; c after paragraph (5) insert— 6 For the purpose of these Regulations, reference to a member of a couple who can share a bedroom is to a member of a couple where the other member of the couple is a member of a couple who cannot share a bedroom. . 3 In regulation B13 (determination of a maximum rent (social sector))— a in paragraph (5)— i before sub-paragraph (a) insert— za a member of a couple who cannot share a bedroom; zb a member of a couple who can share a bedroom; ; ii in sub-paragraph (a) omit “(within the meaning of Part 7 of the Act)”; b in paragraph (6), for sub-paragraph (a) substitute— a one or more relevant persons in paragraph (9)(a), (b) or (e) is a person who requires overnight care; ab one or more relevant persons in paragraph (9)(c) or (d) is a person who requires overnight care; or ; c in paragraph (7), in sub-paragraph (b), for “a sub-paragraph of paragraph (6)” substitute “paragraph (6)(b)”; d in paragraph (9), after sub-paragraph (d) insert— e for the purposes of paragraph (6)(a)— i a person (other than the claimant, the claimant’s partner, P or P’s partner) who occupies the claimant’s dwelling as their home; ii a child or young person in respect of whom a relevant person under sub-paragraphs (a) to (e)(i) is a qualifying parent or carer. . 4 In regulation 13D (determination of a maximum rent (LHA))— a in paragraph (3)— i before sub-paragraph (a) insert— za a member of a couple who cannot share a bedroom; zb a member of a couple who can share a bedroom; ; ii in sub-paragraph (a) omit “(within the meaning of Part 7 of the Act)”; iii in the full-out words at the end— aa after “a child who cannot share a bedroom” insert “or a member of a couple who cannot share a bedroom”; bb after “the child” insert “or the member of the couple”. b in paragraph (3A), for sub-paragraph (a) substitute— a one or more of the following persons is a person who requires overnight care— i the claimant; ii the claimant’s partner; iii a person (other than the claimant or the claimant’s partner) who occupies the claimant’s dwelling as their home; iv a child or young person in respect of whom the claimant or the claimant’s partner is a qualifying parent or carer; or . 5 In regulation 114A (information to be provided to rent officers), in paragraph (9)(ca), for “the claimant or the claimant’s partner” substitute “any person mentioned in regulation 13D(3A)(a)”. 6 In Schedule 2 (excluded tenancies), in paragraph 2(3)— a for paragraph (f) substitute— f any person mentioned in paragraph 1A(a) of Schedule 2 to the Rent Officers Order becomes or ceases to be a person who requires overnight care where that affects the size criteria, as set out in that Schedule to that Order, applicable in the claimant’s case; ; b in paragraph (h) after “child who cannot share a bedroom” insert “or a member of a couple who cannot share a bedroom”. Amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 5 1 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows. 2 In regulation 2 (interpretation)— a after the definition of “maximum rent (LHA)” insert— “member of a couple who cannot share a bedroom” means a member of a couple— who is in receipt of— attendance allowance at the higher rate in accordance with section 65(3) of the Act; the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; or armed forces independence payment; and whom the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with the other member of the couple; ; b in the definition of “person who requires overnight care” in paragraph (a)(iii) after “provided” insert “or, where P is a child, the claimant has provided”; c after paragraph (6) insert— 7 For the purpose of these Regulations, reference to a member of a couple who can share a bedroom is to a member of a couple where the other member of the couple is a member of a couple who cannot share a bedroom. . 3 In regulation 13D (determination of a maximum rent (LHA))— a in paragraph (3)— i before sub-paragraph (a) insert— za a member of a couple who cannot share a bedroom; zb a member of a couple who can share a bedroom; ; ii in sub-paragraph (a) omit “(within the meaning of Part 7 of the Act)”; iii in the full-out words at the end— aa after “a child who cannot share a bedroom” insert “or a member of a couple who cannot share a bedroom”; bb after “the child” insert “or the member of the couple”. b in paragraph (3A), for sub-paragraph (a) substitute— a one or more of the following persons is a person who requires overnight care— i the claimant; ii the claimant’s partner; iii a person (other than the claimant or the claimant’s partner) who occupies the claimant’s dwelling as their home; iv a child or young person in respect of whom the claimant or the claimant’s partner is a qualifying parent or carer; or . 4 In regulation 95A (information to be provided to rent officers), in paragraph (9)(ba), for “the claimant or the claimant’s partner” substitute “any person mentioned in regulation 13D(3A)(a)”. 5 In Schedule 2 (excluded tenancies), in paragraph 2(3)— a for paragraph (e) substitute— e any person mentioned in paragraph 1A(a) of Schedule 2 to the Rent Officers Order becomes or ceases to be a person who requires overnight care where that affects the size criteria, as set out in that Schedule to that Order, applicable in the claimant’s case; ; b in paragraph (g) after “child who cannot share a bedroom” insert “or a member of a couple who cannot share a bedroom”. Amendments to the Universal Credit Regulations 2013 6 In paragraph 12 (additional room) of Schedule 4 (housing costs element for renters) to the Universal Credit Regulations 2013 — a before sub-paragraph (1) insert— A1 A renter is entitled to an additional bedroom if one or more of the following persons satisfies the overnight care condition (see sub-paragraph (3))— a the renter; b a person in the renter’s extended benefit unit; c a child in respect of whom the renter satisfies the foster parent condition (see sub-paragraphs (4) and (5)). ; b in sub-paragraph (1)— i omit paragraph (a); ii in paragraph (b) omit “(see sub-paragraphs (4) and (5))”; iii in paragraph (c) after “sub-paragraph (6))” insert— ; d the disabled person condition (see sub-paragraph (6A)) ; c for sub-paragraph (2) substitute— 2 Sub-paragraphs (A1) and (1) apply subject to sub-paragraphs (8) and (9). . d in sub-paragraph (3)— i for “a renter satisfies” substitute “a person satisfies”; ii in paragraph (b) for “care for the renter” substitute “care for the person”; e after sub-paragraph (6) insert— 6A A renter satisfies the disabled person condition if they would (but for the provisions of this paragraph) be expected to share a bedroom with a joint renter and— a the renter is in receipt of— i the care component of disability living allowance at the middle or highest rate; ii attendance allowance at the higher rate; iii the daily living component of personal independence payment; and b the renter is, by virtue of their disability, not reasonably able to share a bedroom with the joint renter. ; f omit sub-paragraph (7); g for sub-paragraph (9) substitute— 9 The renter is, or joint renters are, entitled to one additional bedroom for each of the following that apply— a one or more persons satisfy the overnight care condition; b the renter, or one or both of joint renters, satisfies the foster parent condition; c the renter, or one or both of joint renters, satisfies the disabled child condition; or d the renter, or one or both of joint renters, satisfies the disabled person condition. . Signed by authority of the Secretary of State for Work and Pensions Caroline Nokes Parliamentary Under Secretary of State, Department for Work and Pensions 27th February 2017