The Universal Credit Regulations (Northern Ireland) 2016

Type Ni-Statutory-Rule
Publication 2016-05-05
Last updated 2026-04-06
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
PDF Download
articles 1
Reform history JSON API
  • (5) For the purposes of sub-paragraph (4) “foster parent” includes a person who would be a foster parent, but for the fact that they do not currently have any child placed with them, provided that any period since the date when their last placement ended (or, if they have not yet had a child placed with them, since the date when they were approved to be a foster parent) does not exceed 12 months.
  • (6) A renter satisfies the disabled child condition if they or another member of their extended benefit unit are responsible for a child who would (but for the provisions of this paragraph) be expected to share a bedroom and that child is—
  • (a) in receipt of—
  • (i) the care component of disability living allowance at the middle or highest rate; or
  • (ii) the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations; and
  • (b) that child is, by virtue of their disability, not reasonably able to share a room with another child;
  • (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;
  • (ia) the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;
  • (ib) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;
  • (ii) attendance allowance ...;
  • (iia) pension age disability payment ...;
  • (iii) the daily living component of personal independence payment; ...
  • (iv) the daily living component of adult disability payment at the standard or enhanced rate; and
  • (b) the renter is, by virtue of their disability, not reasonably able to share a bedroom with the joint renter.
  • (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (8) Where a renter, or one or both of joint renters, satisfy the disabled child condition in relation to one or more children, they are entitled to as many additional bedrooms as are necessary to ensure that each such child has their own bedroom.
  • (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.

Housing cost contributions

Housing cost contributions

12
  • (1) In calculating the amount of the housing costs element under Part 4 or 5 of this Schedule, a deduction is to be made in respect of each non-dependant who is a member of the renter's extended benefit unit.
  • (2) Sub-paragraph (1) is subject to paragraphs 14 and 15.
  • (3) Any amount to be deducted under sub-paragraph (1) is referred to in this Schedule as a “housing cost contribution”.

Amount of housing cost contributions

13
  • (1) The amount of each housing cost contribution to be deducted under paragraph 12 is £93.02
  • (2) Deductions are not to be made until the amount has been determined which results from all other steps in the calculation required in relation to the renter under Parts 4 and 5 of this Schedule.
  • (3) Where the sum of all the housing cost contributions to be deducted in the renter's case exceeds the amount referred to in sub-paragraph (2)—
  • (a) the amount determined under this Schedule is to be reduced to nil; but
  • (b) no further reduction in respect of housing cost contributions is to be made from the renter's award.

Exempt renters

14
  • (1) No deduction is to be made under paragraph 12 in the case of—
  • (a) any renter who is a single person to whom sub-paragraph (2) applies; or
  • (b) any joint renter where at least one joint renter is a person to whom sub-paragraph (2) applies.
  • (2) This sub-paragraph applies to a person—
  • (a) who is blind;
  • (b) in receipt of the care component of disability living allowance at the middle or highest rate;
  • (ba) in receipt of the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;
  • (bb) a person in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;
  • (c) in receipt of attendance allowance;
  • (ca) in receipt of pension age disability payment;
  • (d) in receipt of the daily living component of a personal independence payment;
  • (da) a person in receipt of the daily living component of adult disability payment at the standard or enhanced rate;
  • (e) who is entitled to a payment within paragraph (b) , (bb) , (c) , (ca), (d) or (da) but is not receiving it under, as the case may be—
  • (i) regulation 8 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992 ,
  • (ii) regulation 6 of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992 ,
  • (iii) regulation 19 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984 , ...
  • (iv) regulations under Article 91 of the Order (hospital in-patients). ...
  • (v) regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 , ...
  • (vi) regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024, or
  • (vii) regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025.

No deduction for housing cost contributions in respect of certain non-dependants

15
  • (1) No deduction is to be made under paragraph 12 in respect of any non-dependant who is a member of the renter's extended benefit unit to whom sub-paragraph (2) applies.
  • (2) This sub-paragraph applies to a person—
  • (a) who is under 21 years old;
  • (b) in receipt of state pension credit;
  • (c) in receipt of the care component of disability living allowance at the middle or highest rate;
  • (ca) in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate;
  • (d) in receipt of attendance allowance;
  • (da) in receipt of pension age disability payment;
  • (e) in receipt of the daily living component of personal independence payment;
  • (ea) a person in receipt of the daily living component of adult disability payment at the standard or enhanced rate;
  • (f) who is entitled to a payment within paragraph (c), , (ca) (d) , (da), (e) or (ea) but is not receiving it under, as the case may be—
  • (i) regulation 8 of the Social Security (Disability Living Allowance) Regulations (Northern Ireland) 1992,
  • (ii) regulation 6 of the Social Security (Attendance Allowance) Regulations (Northern Ireland) 1992,
  • (iii) regulation 19 of the Social Security (General Benefit) Regulations (Northern Ireland) 1984, ...
  • (iv) regulations under Article 91 of the Order; ...
  • (v) regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 , ...
  • (vi) regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024, or
  • (vii) regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025.
  • (g) in receipt of carer's allowance;
  • (ga) in receipt of carer support payment;
  • (h) is a prisoner;
  • (i) is responsible for a child under 5 years old;
  • (j) is a member of the armed forces away on operations who—
  • (i) is the son, daughter, step-son or step-daughter of a renter or joint renters, and
  • (ii) resided with the renter or joint renters immediately before leaving to go on operations and intends to return to reside with the renter or joint renters at the end of the operations.

Calculation involving more than one accommodation

Single calculation for renter treated as occupying single accommodation

16
  • (1) This paragraph applies to any renter where, under paragraph 3, of Schedule 3 (claimant housed in two dwellings by provider of social housing), two dwellings (“accommodation A” and “accommodation B”) occupied by a renter are treated as the single accommodation in respect of which the renter meets the occupation condition.
  • (2) The amount of the renter's housing costs element is to be determined by a single calculation in respect of accommodation A and accommodation B as if they were one, taking account of—
  • (a) all relevant payments in respect of accommodation A and all relevant payments in respect of accommodation B, and
  • (b) the total number of bedrooms in accommodation A and accommodation B taken together.
  • (3) The single calculation is to be made under Part 5 of this Schedule in any case where the renter’s liability to make rent payments in respect of accommodation A and accommodation B is to a provider of social housing.
  • (4) In any other case, the single calculation is to be made under Part 4 of this Schedule.

Calculation where move to new accommodation delayed for adaptations for disabled person

17
  • (1) Sub-paragraph (2) applies to any renter where, under paragraph 4 of Schedule 3 (moving home: adaptations to new home for disabled persons), the renter meets the occupation condition in respect of both the new accommodation and the old accommodation.
  • (2) The amount of the renter's housing costs element under this Schedule is to be calculated as follows.

Step 1Calculate an amount in accordance with Part 4 or Part 5 of this Schedule (as the case may be) in respect of both—athe new accommodation, andbthe old accommodation.

Step 2Add together the amounts determined in step 1.

Step 3If a deduction was made for housing cost contributions in respect of both the new accommodation and the old accommodation, take the amount of the housing cost contributions deducted in respect of the new accommodation and add that to the amount resulting from step 2.3In this paragraph, references to “the new accommodation” and “the old accommodation” are to be understood in accordance with paragraph 4 of Schedule 3.

Calculation where renter moves out because of reasonable fear of violence

18
  • (1) Sub-paragraph (2) applies to any renter where, under paragraph 5(2) of Schedule 3, (claimant living in other accommodation because of reasonable fear of violence), the renter meets the occupation condition in respect of both the home accommodation and the other accommodation.
  • (2) The amount of the renter's housing costs element under this Schedule is to be calculated as follows.

Step 1Calculate an amount in accordance with Part 4 or Part 5 of this Schedule (as the case may be) in respect of—athe home accommodation, andbthe other accommodation.

Step 2Add together the amounts determined in step 1.

Step 3If a deduction was made for housing cost contributions in respect of both the home accommodation and the other accommodation—cdetermine which accommodation the renter normally occupies as their home, anddtake the amount of the housing cost contributions deducted in respect of the accommodation not so occupied and add that to the amount resulting from step 2.3In this paragraph, references to “the home accommodation” and “the other accommodation” are to be understood in accordance with paragraph 5 of Schedule 3.

PART 4 — Private rented sector ...

Application of Part 4

19
  • (1) This Part applies to renters who are liable to make rent payments to a person other than a provider of social housing.
  • (2) Sub-paragraph (1) applies irrespective of whether renters are also liable to make service charge payments.

Meaning of “temporary accommodation”

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The calculation of the housing costs element under this Part

The amount of housing costs element under this Part

21

The amount of the renter's housing costs element under this Part is to be calculated as follows.

Step 1Determine—athe amount of the renter's core rent, andbthe amount of the renter's cap rent,and identify which is the lower amount (if both amounts are the same, that is the identified amount).

Step 2Deduct the sum of the housing cost contributions (if any) under paragraph 12 from the amount identified in step 1.The result is the amount of the renter's housing costs element calculated under this Part.

Core rent

22

Except where paragraph 23 applies, the renter's core rent is to be determined as follows—

Step 1Determine the amount of each relevant payment to be taken into account under paragraph 5.

Step 2Determine the period in respect of which each relevant payment is payable and, in accordance with paragraph 6, determine the amount of the payment in respect of a month.

Step 3If there is more than one relevant payment, add together the amounts determined in step 2 in relation to all relevant payments.The result is the renter's core rent.

Core rent for joint tenants

23
  • (1) This paragraph applies where, in respect of the accommodation occupied by the renter, one or more persons other than the renter are liable to make relevant payments which are of the same description as those for which the renter is liable and which are to be taken into account under paragraph 5.
  • (2) The following steps are to be taken in order to determine the renter's core rent.

Step 1Determine the total of all relevant payments referred to in sub-paragraph (1) for which the renter and others are liable in respect of the accommodation taken as a whole.

Step 2Determine the period in respect of which each relevant payment is payable and, in accordance with paragraph 6, determine the amount of the payment in respect of a month.

Step 3Add together all of the amounts determined in step 2 in relation to all relevant payments.

Step 4Find the allocated amount in accordance with whichever of sub-paragraphs (3) to (5) applies in the renter's case.The result is the renter's core rent.3Where the only persons liable to make relevant payments are listed persons, the allocated amount is the amount resulting from step 3 in sub-paragraph (2).4Where the persons liable for the relevant payments are one or more listed persons and one or more other persons, the allocated amount is to be found by applying the formula—$( A B ) × C$where—“A” is the amount resulting from step 3 in sub-paragraph (2),“B” is the total number of all persons (including listed persons) liable to make the relevant payments, and“C” is the number of listed persons liable to make relevant payments.5If the Department is satisfied that it would be unreasonable to allocate the amount resulting from step 3 in sub-paragraph (2) in accordance with sub-paragraph (4), that amount is to be allocated in such manner as it considers appropriate in all the circumstances, having regard (among other things) to the number of persons liable and the proportion of the relevant payments for which each of them is liable.

Cap rent

24
  • (1) The renter's cap rent is to be determined as follows.

Step 1Determine the category of accommodation to which the renter is entitled under paragraphs 7 to 11 and paragraphs 25 to 28.

Step 2Having regard to the determination at step 1, determine the maximum allowable amount for the renter under sub-paragraph (2) or (4) (as the case may be).The result is the renter's cap rent.2The maximum allowable amount to be used in relation to the renter is the local housing allowance which applies at the relevant time to—athe broad rental market area in which the renter's accommodation is situated, andbthe category of accommodation determined at step 1 as that to which the renter is entitled.3The maximum allowable amount in relation to the renter is to be determined under sub-paragraph (4) in any case where—aparagraph 3 (claimant housed in two dwellings by provider of social housing) of Schedule 3 applies to the renter, andbthe maximum allowable amount determined under sub-paragraph (2) for the renter in relation to accommodation A and the amount so determined in relation to accommodation B are different (references to accommodation A and accommodation B are to be understood in accordance with paragraph 3 of Schedule 3), andca single calculation is to be made in relation to the renter under paragraph 16 (renter treated as occupying single accommodation).4In any such case, the maximum allowable amount to be used in making the single calculation required by paragraph 16—ais to be determined by reference to the accommodation for which the amount referred to in sub-paragraph (3)(b) is lower when the calculation is first made, andbis to continue to be determined by reference to that accommodation for so long as paragraph 3 of Schedule 3 applies to the renter in respect of the same accommodation A and the same accommodation B, andcis to be re-determined in accordance with paragraphs (a) and (b) on each occasion when the renter is re-housed in any other accommodation, provided that paragraph 3 of Schedule 3 continues to apply to the renter.5In this paragraph—“broad rental market area” means the broad rental market area to be determined under regulation 3 of the UC Housing Costs Regulations;“local housing allowance” in relation to a broad rental market area, means the amount to be determined by a rent officer for that area under regulation 4 of the UC Housing Costs Regulations;“relevant time” means the time at which the amount of the renter's housing costs element is calculated under paragraph 21.

Further provisions about size criteria for cases to which this Part applies

Four bedroom limit

25

In calculating the amount of a renter's housing costs element under paragraph 21, no renter is entitled to more than 4 bedrooms.

Specified renters entitled to shared accommodation only

26
  • (1) In calculating the amount of a renter's housing costs element under paragraph 21, any specified renter (within the meaning of paragraph 27) is entitled to shared accommodation only.
  • (2) Shared accommodation” means the category of accommodation specified in paragraph 1(a) of Schedule 1 to the UC Housing Costs Regulations.

Meaning of “specified renters”

27
  • (1) For the purposes of paragraph 26 “specified renter” means a renter in respect of whom all of the following conditions are met.
  • (2) The first condition is that the renter is a single person (or a member of a couple claiming as a single person) who—
  • (a) is under 35 years old, and
  • (b) is not an excepted person under paragraph 28.
  • (3) The second condition is that the renter is not responsible for any children or qualifying young persons.
  • (4) The third condition is that no person is a non-dependant in relation to the renter.

Renters excepted from shared accommodation

28
  • (1) “Excepted person” means any renter (“E”) who falls within any of sub-paragraphs (2) to (5C) .
  • (2) E is at least 18 but under 25 years old and was a care leaver (within the meaning of regulation 8) before reaching the age of 18.
  • (3) E is at least 16 but under 35 years old and—
  • (a) has, for a total of at least 3 months (whether or not continuously), lived in one or more hostels for homeless people, and
  • (b) whilst E was living in such a hostel, was offered and has accepted support services which the Department considers are intended to assist E to be rehabilitated or resettled within the community.
  • (4) E is under 35 years old and is in receipt of—
  • (a) the care component of disability living allowance at the middle or highest rate;
  • (aa) the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;
  • (ab) the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;
  • (b) attendance allowance, ...
  • (c) the daily living component of personal independence payment.
  • or
  • (d) the daily living component of adult disability payment at the standard or enhanced rate
  • (5) E is under 35 years old and he is the subject of risk management pursuant to arrangements established under Part 3 of the Criminal Justice (Northern Ireland ) Order 2008
  • (5A) E is under 35 years old and satisfies the foster carer condition (within the meaning of paragraph 11(4)).
  • (5B) E is under 35 years old and—
  • (a) after attaining the age of 16 had domestic violence inflicted upon or threatened against them (“the victim”) by their partner or former partner, or by a relative; and
  • (b) provides evidence from a person acting in an official capacity which demonstrates that—
  • (i) the victim’s circumstances are consistent with their having had domestic violence inflicted upon or threatened against them; and
  • (ii) the victim has contacted a person acting in an official capacity in relation to such an incident.
  • (5C) E is under 35 years old and has been the subject of a positive conclusive grounds determination relating to modern slavery.
  • (6) In this paragraph—
  • “care home”, “registered charity” and “voluntary organisation” have the meaning given in Schedule 1;
  • competent authority” means a person who is a competent authority within the meaning of the Trafficking Convention;
  • compulsory labour”, “forced labour”, “servitude” and “slavery” have the same meaning as in Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;
  • hostel” means a building—in which there is provided, for persons generally or for a class of persons, domestic accommodation, otherwise than in separate and self-contained premises, and either board or facilities for the preparation of food adequate to the needs of those persons, or both;which is—managed or owned by a registered housing association,operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or agency, the Housing Executive or a Regional Health and Social Care Board or Health and Social Care Trust , ormanaged by a voluntary organisation or registered charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community, andwhich is not a care home;
  • hostel for homeless people” means a hostel the main purpose of which is to provide accommodation together with care, support or supervision for homeless people with a view to assisting such persons to be rehabilitated or resettled within the community.
  • person acting in an official capacity” means a health care professional (within the meaning given by regulation 96(5)), a police officer, a registered social worker (within the meaning given by regulation 96(5)), the victim’s employer, or any public, voluntary, or charitable body which has had direct contact with the victim in connection with domestic violence;
  • positive conclusive grounds determination relating to modern slavery” means a determination made by a competent authority that an individual is a victim of trafficking in human beings, slavery, servitude or forced or compulsory labour;
  • the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16th May 2005);
  • trafficking in human beings” has the same meaning as in the Trafficking Convention.

PART 5 — Social rented sector ...

Application of Part 5

29
  • (1) This Part applies to renters who are liable to make rent payments to a provider of social housing.
  • (2) Sub-paragraph (1) applies irrespective of whether renters are also liable to make service charge payments.

Reduction in certain cases of amounts to be taken into account

Deduction from relevant payments of amounts relating to use of particular accommodation

30

In determining the amount of any relevant payment to be taken into account under paragraph 5, a deduction is to be made for any amount which the Department is satisfied—

  • (a) is included in the relevant payment, but
  • (b) relates to the supply to the accommodation of a commodity (such as water or fuel) for use by any member of the renter's extended benefit unit.

Relevant payments excessive

31

Where it appears to the Department that—

  • (a) the amount of any relevant payment for which the renter is liable in respect of accommodation occupied by the renter is greater than it is reasonable to meet by way of the housing costs element under this Part, and
  • (b) the amount of the relevant payment that, at the time of the calculation under this Part, a landlord might reasonably have expected to obtain is a lower amount,

The calculation of the housing costs element under this Part

The amount of housing costs element

32
  • (1) The amount of the renter's housing costs element under this Part is to be calculated by reference to the formula—

$$S − H C C$where—“S” is the amount resulting from whichever of paragraph 33 or 34 applies in the renter's case,“HCC” is the sum of the housing cost contributions (if any) under paragraph 12.$

Determining the amount from which HCC deductions are to be made

33

Except where paragraph 34 applies, amount S referred to in paragraph 32 is to be found as follows—

Step 1Determine which relevant payments are to be taken into account under paragraph 5 and determine the amount of each of them (applying paragraphs 30 and 31 as necessary).

Step 2Determine the period in respect of which each relevant payment is payable and, in accordance with paragraph 6, determine the amount of the payment in respect of a month.

Step 3If there is more than one relevant payment, add together the amounts determined in step 2 in relation to all relevant payments.

Step 4Determine under paragraph 35(1) whether an under-occupation deduction is to be made and, if one is to be made, determine the amount of the deduction under paragraph 35(2) and deduct it from the amount resulting from step 2 or 3 (as the case may be).The result is amount S from which the sum of the housing cost contributions are to be deducted under paragraph 32.

Determining the amount from which HCC deductions are to be made: joint tenants

34
  • (1) This paragraph applies where, in respect of the accommodation occupied by the renter, one or more persons other than the renter is liable to make relevant payments which are of the same description as those for which the renter is liable and which are to be taken into account under paragraph 5.
  • (2) Amount S referred to in paragraph 32 is to be found as follows.

Step 1Determine the total of all relevant payments referred to in sub-paragraph (1) for which the renter and others are liable in respect of the accommodation taken as a whole (applying paragraphs 30 and 31 as necessary).

Step 2Determine the period in respect of which each relevant payment is payable and, in accordance with paragraph 6, determine the amount of the payment in respect of a month.

Step 3Add together all of the amounts determined in step 2 in relation to all relevant payments.

Step 4Find amount S in accordance with whichever of sub-paragraphs (3) to (5) applies in the renter's case.The result is amount S from which the sum of the housing cost contributions are to be deducted under paragraph 32.3Where the only persons liable to make relevant payments are listed persons, amount S is the amount resulting from step 3 in sub-paragraph (2) less the amount of the under-occupation deduction (if any) required by paragraph 35.4Where the persons liable for the relevant payments are one or more listed persons and one or more other persons, amount S is to be found by the applying the formula—$( A B ) x C$where—“A” is the amount resulting from step 3 in sub-paragraph (2),“B” is the total number of all persons (including listed persons) liable to make the relevant payments, and“C” is the number of listed persons.5If the Department is satisfied that it would be unreasonable to determine amount S in accordance with sub-paragraph (4), amount S is to be determined in such manner as the Department considers appropriate in all the circumstances, having regard (among other things) to the number of persons liable and the proportion of the relevant payments for which each of them is liable.

Under-occupancy deduction

35
  • (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 7 to 11.
  • (2) Where a deduction is to be made, the amount of the deduction is to be determined by the formula—

$$A × B$where—“A”—in relation to any deduction under paragraph 33, is the amount resulting from step 2 or 3 in that paragraph (as the case may be), orin relation to any deduction under paragraph 34(3), is the amount resulting from step 3 in paragraph 34(2);“B” is the relevant percentage.$

  • (3) The relevant percentage is 14% in the case of one excess bedroom.
  • (4) The relevant percentage is 25% in the case of 2 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 27(4) to (6) (equity–sharing lease) applies.
  • (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 claimants 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 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
  • (ab) the victim has made contact with the person acting in an official capacity in relation to such an incident.
  • (b) In this paragraph—
  • person acting in an official capacity” has the meaning given to it in regulation 96(5) of these Regulations;
  • ...
  • “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.

SCHEDULE 5 — Housing costs element for owner-occupiers

PART I — General

Definition of Owner-occupier

1
  • (1) This Schedule contains provisions about claimants to whom regulation 27(3) applies.
  • (2) Claimants who fall within sub-paragraph (1) are referred to in this Schedule as “owner-occupiers” (and references to “joint owner-occupiers” are to joint claimants to whom regulation 27(3) applies).

Interpretation

2

In this Schedule—

  • ...
  • ...
  • joint owner-occupier” has the meaning given in paragraph 1(2);
  • ...
  • owner-occupier” means a single owner-occupier within the meaning of paragraph 1(2) or each of joint owner-occupiers;
  • qualifying period” has the meaning given in paragraph 5(2);
  • relevant date” means, in relation an owner-occupier, the date on which an amount of housing costs element calculated under this Schedule is first included in the owner occupier's award;
  • relevant payments” has the meaning given in paragraph 3;
  • ...

Relevant payment for the purposes of this schedule

3
  • (1) “Relevant payments” means one or more payments which are service charge payments.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) “Service charge payments” is to be understood in accordance with paragraphs 8 and 9 of Schedule 1 .

PART 2 — Exception to inclusion of housing costs element

No housing costs element where owner-occupier has any earned income

4
  • (1) Article 16(1) of the Order (housing costs) does not apply to any owner-occupier in relation to an assessment period where—
  • (a) the owner-occupier has any earned income, or
  • (b) if the owner-occupier is a member of a couple, either member of the couple has any earned income.
  • (2) Sub-paragraph (1) applies irrespective of the nature of the work engaged in, its duration or the amount of the earned income.
  • (3) Nothing in this paragraph prevents an amount calculated under Schedule 4 from being included in the award of any claimant who falls within regulation 27(4) to (6) (equity-sharing lease).

PART 3 — No housing costs element for qualifying period

No housing costs element under this Schedule for qualifying period

5
  • (1) An owner-occupier's award of universal credit is not to include any amount of housing costs element calculated under this Schedule until the beginning of the assessment period that follows the assessment period in which the qualifying period ends.
  • (2) “Qualifying period” means a period of—
  • (a) in the case of a new award, 9 consecutive assessment periods in relation to which—
  • (i) the owner-occupier has been receiving universal credit, and
  • (ii) would otherwise qualify for the inclusion of an amount calculated under this Schedule in their award;
  • (b) in any case where an amount calculated under this Schedule has for any reason ceased to be included in the award, 9 consecutive assessment periods in relation to which the owner-occupier would otherwise qualify for the inclusion of an amount calculated under this Schedule in their award.
  • (3) Where, before the end of a qualifying period, an owner-occupier for any reason ceases to qualify for the inclusion of an amount calculated under this Schedule—
  • (a) that qualifying period stops running, and
  • (b) a new qualifying period starts only when the owner-occupier again meets the requirements of sub-paragraph (2)(a) or (b).

Application of paragraph 5: receipt of JSA and ESA

6
  • (1) This paragraph applies to any owner-occupier who immediately before the commencement of an award of universal credit is entitled to—
  • (a) a jobseeker's allowance, or
  • (b) an employment and support allowance.
  • (2) In determining when the qualifying period in paragraph 5 ends in relation to the owner-occupier, any period that comprises only days on which the owner-occupier was receiving a benefit referred to in sub-paragraph (1) may be treated as if it were the whole or part of one or more assessment periods, as determined by the number of days on which any such benefit was received.

Application of paragraph 5: joint owner-occupiers ceasing to be a couple

7
  • (1) This paragraph applies where—
  • (a) an award of universal credit to joint owner-occupiers is terminated because they cease to be a couple, and
  • (b) a further award is made to one of them (or to each of them), and
  • (c) in relation to the further award (or in relation to each further award), the occupation condition is met in respect of the same accommodation as that occupied by the joint owner-occupiers as their home.
  • (2) In determining when the qualifying period in paragraph 5 ends in relation to the further award (or each further award), the whole or part of any assessment period which would have counted in relation to the award that is terminated is to be carried forward and taken into account in relation to the further award (or each further award).
  • (3) But where, immediately before the joint owner-occupier's award was terminated, an amount of housing costs element calculated under this Schedule was already included in the award; no qualifying period under paragraph 5 applies to the owner-occupier in relation to the commencement of the further award (or each further award).
  • (4) For the purposes of sub-paragraph (1)(b), it is irrelevant whether the further award—
  • (a) is made on a claim, or
  • (b) by virtue of regulation 8(6) of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016 is made without a claim.

PART 4 — Calculation of amount of housing costs element for owner-occupiers

Payments to be taken into account

8
  • (1) Where an owner-occupier meets the payment condition, liability condition and occupation condition in respect of one or more relevant payments and the qualifying period has ended, each of the relevant payments is to be taken into account for the purposes of the calculation under this Part.
  • (2) No account is to be taken of any amount of a relevant payment to the extent that the conditions referred to in sub-paragraph (1) are not met in respect of that amount.
  • (3) Any particular payment for which an owner-occupier is liable is not to be brought into account more than once, whether in relation to the same or a different owner-occupier (but this does not prevent different payments of the same description being brought into account in respect of an assessment period).

The amount of a housing costs element

9

The amount of the owner-occupier's housing costs element under this Schedule is the amount resulting from paragraph 13 in respect of all relevant payments which are to be to be taken into account under paragraph 8.

Amount in respect of interest on loans

10
  • (1) This paragraph provides for the calculation of the amount to be included in the owner-occupier's housing costs element under this Schedule in respect of relevant payments which are loan interest payments.
  • (2) Subject to sub-paragraphs (3) to (5), the amount in respect of the loan or loans to which the payments relate is to be calculated as follows.

Step 1Determine the amount of the capital for the time being owing in connection with each loan.

Step 2If there is more than one loan, add together the amounts determined in Step 1.

Step 3Identify which is the lower of these 2 amounts—athe amount resulting from Step 1 or 2 (as the case may be), andb£200,000,and, if both amounts are the same, that is the identified amount.

Step 4Apply the formula—$( A × S R ) 12$where—“A” is the amount resulting from Step 3,“SR” is the standard rate that applies at the date of the determination (see paragraph 12).The result is the amount to be included under this Schedule in respect of loan interest payments.3In the application of sub-paragraph (2) to a loan (or any part of a loan) which was taken out for the purpose of making necessary adaptations to the accommodation to meet the disablement needs of a person specified in paragraph 4(3) of Schedule 3—athe loan (or the part of the loan) is to be disregarded for the purposes of steps 2 and 3, andb“A” in step 4 is to be read as the amount resulting from step 1 in respect of the loan (or the sum of those amounts if there is more than one loan taken out for the purpose of making such adaptations) plus the amount (if any) resulting from step 3 in relation to any other loan or loans.4Any variation in the amount of capital for the time being owing in connection with a loan is not to be taken into account after the relevant date until such time as the Department recalculates the amount under this Schedule by reference to the amount of capital owing in connection with the loan—aon the first anniversary of the relevant date, orbin respect of any variation after the first anniversary, on the next anniversary which follows the date of the variation.

Amount in respect of alternative finance arrangements

11
  • (1) This paragraph provides for the calculation of the amount to be included in the owner-occupier's housing costs element under this Schedule in respect of relevant payments which are alternative finance payments.
  • (2) The amount in respect of the alternative finance arrangements to which the payments relate is to be calculated as follows—

Step 1Determine the purchase price of the accommodation to which the alternative finance payments relate.Step 2Identify which is the lower of these 2 amounts—athe amount resulting from Step 1, andb£200,000,and, if both amounts are the same, that is the identified amount.

Step 3Apply the formula—$( A × S R ) 12$where—“A” is the amount resulting from step 2,“SR” is the standard rate that applies at the date of the calculation (see paragraph 12).The result is the amount to be included under this Schedule in respect of alternative finance payments.3“Purchase price” means the price paid by a party to the alternative financial arrangements other than the owner-occupier in order to acquire the interest in the accommodation to which those arrangements relate less—athe amount of any initial payment made by the owner-occupier in connection with the acquisition of that interest, andbthe amount of any subsequent payments made by the owner-occupier before the relevant date to another party to the alternative finance arrangements which reduced the amount owned by the owner-occupier under the alternative finance arrangements.4Any variation in the amount for the time being owing in connection with alternative finance arrangements is not to be taken into account after the relevant date until such time as the Department recalculates the amount under this Schedule by reference to the amount that is owing in connection with the alternative finance arrangements—aon the first anniversary of the relevant date, orbin respect of any variation after the first anniversary, or the next anniversary which follows the date of the variation.

Standard rate to be applied under paragraphs 10 and 11

12
  • (1) The standard rate is the average mortgage rate published by the Bank of England which, immediately before this Schedule comes into operation, has effect for the purposes of paragraph 12 of Schedule 3 to the Income Support (General) Regulations (Northern Ireland) 1987 (which makes provision as to the standard rate to be used in determining amounts applicable to a claimant in respect of income support).
  • (2) The standard rate is to be varied each time that sub-paragraph (3) applies.
  • (3) This sub-paragraph applies when, on any reference day, the Bank of England publishes an average mortgage rate which differs by 0.5 percentage points or more from the standard rate that applies on that reference day (whether it applies by virtue of sub-paragraph (1) or by virtue of a previous application of this sub-paragraph).
  • (4) The average mortgage rate published on that reference day then becomes the new standard rate in accordance with sub-paragraph (5).
  • (5) Any variation in the standard rate by virtue of sub-paragraphs (2) to (4) comes into effect—
  • (a) for the purposes of sub-paragraph (3), the day after the reference day referred to in sub-paragraph (4);
  • (b) for the purpose of calculating the amount of the housing costs element to be included under this Schedule in an owner-occupier's award, on the day specified by the Department for that purpose.
  • (6) At least 7 days before a variation of the standard rate comes into effect under sub-paragraph (5)(b), the Department must arrange for notice to be published on a publicly accessible website of—
  • (a) the new standard rate; and
  • (b) the day specified in relation to that rate under sub-paragraph (5)(b).
  • (7) In this paragraph—
  • average mortgage rate” means the effective interest rate (non-seasonally adjusted) of United Kingdom resident banks and building societies for loans to households secured on dwellings published by the Bank of England in respect of the most recent period specified for that rate at the time of publication ;
  • reference day” means any day falling on or after the date on which this Schedule comes into operation.

Amount in respect of service charge payments

13
  • (1) This paragraph provides for the calculation of the amount to be included in the owner-occupier's housing costs element under this Schedule in respect of relevant payments which are service charge payments.
  • (2) The amount in respect of the service charge payments is to be calculated as follows.

Step 1Determine the amount of each service charge payment.

Step 2Determine the period in respect of which each service charge payment is payable and, determine the amount of the payment in respect of a month (see sub-paragraphs (3) and (4)).

Step 3If there is more than one service charge payment, add together the amounts determined in step 2.The result is the amount to be included under this Schedule in respect of service charge payments.3Where the period in respect of which an owner-occupier is liable to make a service charge payment is not a month, an amount is to be calculated as the monthly equivalent, so for example—aweekly payments are multiplied by 52 and divided by 12,btwo-weekly payments are multiplied by 26 and divided by 12,cfour-weekly payments are multiplied by 13 and divided by 12,dthree-monthly payments are multiplied by 4 and divided by 12, andeannual payments are divided by 12.4Where an owner-occupier is liable for service charge payments under arrangements that provide for one or more service charge free periods, subject to sub-paragraph (5) the monthly equivalent is to be calculated over 12 months by reference to the total number of service charge payments which the owner-occupier is liable to make in that 12 month period.5Where sub paragraph (4) applies and the service charge payments in question are-aweekly payments, the total number of weekly service charge payments which the owner-occupier is liable to make in any 12 month period shall be calculated by reference to the formula—$52 − S C F P ;$btwo-weekly payments, the total number of two-weekly service charge payments which the owner-occupier is liable to make in any 12 month period shall be calculated by reference to the formula-$26 − S C F P ;$cfour-weekly payments, the total number of four-weekly service charge payments which the owner-occupier is liable to make in any 12 month period shall be calculated by reference to the formula-$13 − S C F P$where “SCFP” is the number of service charge free periods in the 12 month period in question.6“Service charge free period” means any period in respect of which the owner-occupier has no liability to make one or more of the service charge payments which are to be taken into account under paragraph 8.

SCHEDULE 6 — Assessment of whether a claimant has limited capability for work

PART I — Physical disabilities

Activity1 Activity1 Activity1 Descriptors 2 Descriptors 2 Descriptors 2 Descriptors 2 Points Points
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used. 1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used. 1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used. 1(a) Cannot, unaided by another person, either: Cannot, unaided by another person, either: Cannot, unaided by another person, either: 15 15
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used. 1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used. 1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used. (i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion. repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.
(b) Cannot, unaided by another person, mount or descend 2 steps even with the support of a handrail. Cannot, unaided by another person, mount or descend 2 steps even with the support of a handrail. Cannot, unaided by another person, mount or descend 2 steps even with the support of a handrail. 9 9
(c) Cannot, unaided by another person, either— Cannot, unaided by another person, either— Cannot, unaided by another person, either— 9 9
(i) mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or
(ii) repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion. repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion.
(d) Cannot, unaided by another person, either— Cannot, unaided by another person, either— Cannot, unaided by another person, either— 6 6
(i) mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or
(ii) repeatedly mobilise 200 metres within a reasonable timescale because of significant discomfort or exhaustion. repeatedly mobilise 200 metres within a reasonable timescale because of significant discomfort or exhaustion.
(e) None of the above applies. None of the above applies. None of the above applies. 0 0
2. Standing and sitting. 2. Standing and sitting. 2. Standing and sitting. 2(a) Cannot move between one seated position and another seated position which are located next to one another without receiving physical assistance from another person. Cannot move between one seated position and another seated position which are located next to one another without receiving physical assistance from another person. Cannot move between one seated position and another seated position which are located next to one another without receiving physical assistance from another person. 15 15
(b) Cannot, for the majority of the time, remain at a work station: Cannot, for the majority of the time, remain at a work station: Cannot, for the majority of the time, remain at a work station: 9 9
(i) standing unassisted by another person (even if free to move around), standing unassisted by another person (even if free to move around),
(ii) sitting (even in an adjustable chair); or sitting (even in an adjustable chair); or
(iii) a combination of paragraphs (i) and (ii), a combination of paragraphs (i) and (ii),
for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion. for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion. for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion.
(c) Cannot, for the majority of the time, remain at a work station— Cannot, for the majority of the time, remain at a work station— Cannot, for the majority of the time, remain at a work station— 6 6
(i) standing unassisted by another person (even if free to move around), standing unassisted by another person (even if free to move around),
(ii) sitting (even in an adjustable chair); or sitting (even in an adjustable chair); or
(iii) a combination of paragraphs (i) and (ii), a combination of paragraphs (i) and (ii),
for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion. for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion. for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion.
(d) None of the above applies. None of the above applies. None of the above applies. 0 0
3. Reaching. 3. Reaching. 3. Reaching. 3(a) Cannot raise either arm as if to put something in the top pocket of a coat or jacket. Cannot raise either arm as if to put something in the top pocket of a coat or jacket. Cannot raise either arm as if to put something in the top pocket of a coat or jacket. 15 15
(b) Cannot raise either arm to top of head as if to put on a hat. Cannot raise either arm to top of head as if to put on a hat. Cannot raise either arm to top of head as if to put on a hat. 9 9
(c) Cannot raise either arm above head height as if to reach for something. Cannot raise either arm above head height as if to reach for something. Cannot raise either arm above head height as if to reach for something. 6 6
(d) None of the above applies. None of the above applies. None of the above applies. 0 0
4. Picking up and moving or transferring by the use of the upper body and arms. 4. Picking up and moving or transferring by the use of the upper body and arms. 4. Picking up and moving or transferring by the use of the upper body and arms. 4(a) Cannot pick up and move a 0.5 litre carton full of liquid. Cannot pick up and move a 0.5 litre carton full of liquid. Cannot pick up and move a 0.5 litre carton full of liquid. 15 15
4. Picking up and moving or transferring by the use of the upper body and arms. 4. Picking up and moving or transferring by the use of the upper body and arms. 4. Picking up and moving or transferring by the use of the upper body and arms. (b) Cannot pick up and move a one litre carton full of liquid. Cannot pick up and move a one litre carton full of liquid. Cannot pick up and move a one litre carton full of liquid. 9 9
(c) Cannot transfer a light but bulky object such as an empty cardboard box. Cannot transfer a light but bulky object such as an empty cardboard box. Cannot transfer a light but bulky object such as an empty cardboard box. 6 6
(d) None of the above applies. None of the above applies. None of the above applies. 0 0
5. Manual dexterity. 5. Manual dexterity. 5. Manual dexterity. 5(a) Cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand. Cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand. Cannot press a button (such as a telephone keypad) with either hand or cannot turn the pages of a book with either hand. 15 15
(b) Cannot pick up a £1 coin or equivalent with either hand. Cannot pick up a £1 coin or equivalent with either hand. Cannot pick up a £1 coin or equivalent with either hand. 15 15
(c) Cannot use a pen or pencil to make a meaningful mark with either hand. Cannot use a pen or pencil to make a meaningful mark with either hand. Cannot use a pen or pencil to make a meaningful mark with either hand. 9 9
(d) Cannot single-handedly use a suitable keyboard or mouse. Cannot single-handedly use a suitable keyboard or mouse. Cannot single-handedly use a suitable keyboard or mouse. 9 9
(e) None of the above applies. None of the above applies. None of the above applies. 0 0
6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person. 6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person. 6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person. 6(a) Cannot convey a simple message, such as the presence of a hazard. Cannot convey a simple message, such as the presence of a hazard. Cannot convey a simple message, such as the presence of a hazard. 15 15
6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person. 6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person. 6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person. (b) Has significant difficulty conveying a simple message to strangers. Has significant difficulty conveying a simple message to strangers. Has significant difficulty conveying a simple message to strangers. 15 15
6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person. 6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person. 6. Making self understood through speaking, writing, typing, or other means which are normally or could reasonably be used, unaided by another person. (c) Has some difficulty conveying a simple message to strangers. Has some difficulty conveying a simple message to strangers. Has some difficulty conveying a simple message to strangers. 6 6
(d) None of the above applies. None of the above applies. None of the above applies. 0 0
7. Understanding communication by: 7. Understanding communication by: 7. Understanding communication by: 7(a) Cannot understand a simple message, such as the location of a fire escape, due to sensory impairment. Cannot understand a simple message, such as the location of a fire escape, due to sensory impairment. Cannot understand a simple message, such as the location of a fire escape, due to sensory impairment. 15 15
(i) verbal means (such as hearing or lip reading) alone, verbal means (such as hearing or lip reading) alone, (b) Has significant difficulty understanding a simple message from a stranger due to sensory impairment. Has significant difficulty understanding a simple message from a stranger due to sensory impairment. Has significant difficulty understanding a simple message from a stranger due to sensory impairment. 15 15
(ii) non-verbal means (such as reading 16 point print or Braille) alone, or non-verbal means (such as reading 16 point print or Braille) alone, or (c) Has some difficulty understanding a simple message from a stranger due to sensory impairment. Has some difficulty understanding a simple message from a stranger due to sensory impairment. Has some difficulty understanding a simple message from a stranger due to sensory impairment. 6 6
(iii) a combination of sub-paragraphs (i) and (ii), a combination of sub-paragraphs (i) and (ii), (d) None of the above applies None of the above applies None of the above applies 0 0
using any aid that is normally or could reasonably be used, unaided by another person. using any aid that is normally or could reasonably be used, unaided by another person. using any aid that is normally or could reasonably be used, unaided by another person.
8. Navigation and maintaining safety using a guide dog or other aid if either or both are normally used or could reasonably be used. 8. Navigation and maintaining safety using a guide dog or other aid if either or both are normally used or could reasonably be used. 8. Navigation and maintaining safety using a guide dog or other aid if either or both are normally used or could reasonably be used. 8(a) Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment. Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment. Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment. 15 15
(b) Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to sensory impairment. Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to sensory impairment. Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to sensory impairment. 15 15
(c) Unable to navigate around unfamiliar surroundings, without being accompanied by another person, due to sensory impairment. Unable to navigate around unfamiliar surroundings, without being accompanied by another person, due to sensory impairment. Unable to navigate around unfamiliar surroundings, without being accompanied by another person, due to sensory impairment. 9 9
(d) None of the above applies. None of the above applies. None of the above applies. 0 0
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used. 9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used. 9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used. 9(a) At least once a month experiences: At least once a month experiences: At least once a month experiences: 15 15
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used. 9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used. 9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used. (i) loss of control leading to extensive evacuation to the bowel and/or voiding of the bladder, or loss of control leading to extensive evacuation to the bowel and/or voiding of the bladder, or
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used. 9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used. 9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used. (ii) substantial leakage of the contents of a collecting device, substantial leakage of the contents of a collecting device,
9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used. 9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used. 9. Absence or loss of control whilst conscious leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting), despite the wearing or use of any aids or adaptations which are normally or could reasonably be worn or used. sufficient to require cleaning and a change in clothing. sufficient to require cleaning and a change in clothing. sufficient to require cleaning and a change in clothing.
(b) The majority of the time is at risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly. The majority of the time is at risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly. The majority of the time is at risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly. 6 6
(c) Neither of the above applies. Neither of the above applies. Neither of the above applies. 0 0
10. Consciousness during waking moments. 10. Consciousness during waking moments. 10. Consciousness during waking moments. 10(a) At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. 15 15
(b) At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. 6 6
(c) Neither of the above applies. Neither of the above applies. Neither of the above applies. 0 0

PART 2 — Mental, cognitive and intellectual function assessment

(1) (2) (2) (2) (3)
Activity Descriptors Descriptors Descriptors Points
11. Learning tasks. 11(a) Cannot learn how to complete a simple task, such as setting an alarm clock. Cannot learn how to complete a simple task, such as setting an alarm clock. 15
(b) Cannot learn anything beyond a simple task, such as setting an alarm clock. Cannot learn anything beyond a simple task, such as setting an alarm clock. 9
(c) Cannot learn anything beyond a moderately complex task, such as the steps involved in operating a washing machine to clean clothes. Cannot learn anything beyond a moderately complex task, such as the steps involved in operating a washing machine to clean clothes. 6
(d) None of the above applies. None of the above applies. 0
12. Awareness of everyday hazards (such as boiling water or sharp objects). 12(a) Reduced awareness of everyday hazards leads to a significant risk of: Reduced awareness of everyday hazards leads to a significant risk of: 15
12. Awareness of everyday hazards (such as boiling water or sharp objects). (i) injury to self or others, or
(ii) damage to property or possessions,
such that the claimant requires supervision for the majority of the time to maintain safety. such that the claimant requires supervision for the majority of the time to maintain safety.
(b) Reduced awareness of everyday hazards leads to a significant risk of: Reduced awareness of everyday hazards leads to a significant risk of: 9
(i) injury to self or others, or
(ii) damage to property or possessions,
such that the claimant frequently requires supervision to maintain safety. such that the claimant frequently requires supervision to maintain safety.
(c) Reduced awareness of everyday hazards leads to a significant risk of : Reduced awareness of everyday hazards leads to a significant risk of : 6
(i) injury to self or others, or
(ii) damage to property or possessions,
such that the claimant frequently requires supervision to maintain safety. such that the claimant frequently requires supervision to maintain safety.
(d) None of the above applies. None of the above applies. 0
13. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks). 13(a) Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions. Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions. 15
13. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks). (b) Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions for the majority of the time. Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions for the majority of the time. 9
(c) Frequently cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions. Frequently cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions. 6
(d) None of the above applies. None of the above applies. 0
14. Coping with change. 14(a) Cannot cope with any change to the extent that day to day life cannot be managed. Cannot cope with any change to the extent that day to day life cannot be managed. 15
(b) Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day to day life is made significantly more difficult. Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day to day life is made significantly more difficult. 9
(c) Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that, overall, day to day life is made significantly more difficult. Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that, overall, day to day life is made significantly more difficult. 6
(d) None of the above applies. None of the above applies. 0
15. Getting about. 15(a) Cannot get to any place outside the claimant's home with which the claimant is familiar. Cannot get to any place outside the claimant's home with which the claimant is familiar. 15
(b) Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person. Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person. 9
(c) Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person. Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person. 6
(d) None of the above applies. None of the above applies. 0
16. Coping with social engagement due to cognitive impairment or mental disorder. 16(a) Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant. Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the claimant. 15
(b) Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the claimant. Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the claimant. 9
(c) Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the claimant. Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the claimant. 6
(d) None of the above applies. None of the above applies. 0
17. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder. 17(a) Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. 15
(b) Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. 15
(c) Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. 9
(d) None of the above applies. None of the above applies. 0

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