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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

Source legislation.gov.uk

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articles 1

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“Rent payments” are such of the following as are not excluded by paragraph 3—

(a) payments of rent;

(b) payments for a licence or other permission to occupy accommodation;

(d) in relation to accommodation which is a caravan or mobile home, payments in respect of the site on which the accommodation stands.

Payments excluded from being rent payments

3

The following are excluded from being “rent payments”—

(a) payments of ground rent;

(b) payments in respect of a tent or the site on which a tent stands;

(d) payments in respect of a care home;

(e) payments in respect of accommodation specified in paragraph 4;

(ea) payments in respect of accommodation specified in paragraph 4A;

(f) payments which, are owner-occupier payments within the meaning of Schedule 1 to the Loans for Mortgage Interest Regulations (Northern Ireland) 2017;

(g) payments which, are service charge payments within the meaning of paragraph 8.

Specified accommodation

4

(1) The accommodation referred to in paragraph 3(e) is accommodation to which one or more of the following sub-paragraphs applies.

(2) This sub-paragraph applies to accommodation which is exempt accommodation.

(3) This sub-paragraph applies to accommodation—

(a) which is provided by a relevant body,

(b) into which the claimant has been admitted in order to meet a need for care, support or supervision, and

(4) This sub-paragraph applies to accommodation which—

(a) is provided by the Housing Executive or a relevant body to the claimant because the claimant has left the home as a result of domestic violence, and

(b) consists of a building, or part of a building, which is used wholly or mainly for the non-permanent accommodation of persons who have left their homes as a result of domestic violence.

(5) This sub-paragraph applies to accommodation—

(a) which would be a hostel within the meaning of paragraph 28(6) (renters excepted from shared accommodation) of Schedule 4 (housing costs element for renters) but for it being owned or managed by the Housing Executive, and

(b) where the claimant receives care, support or supervision.

(6) In this paragraph—

“domestic violence” has the meaning given in regulation 96 (victims of domestic violence);

“relevant body” means a—housing association,registered charity, orvoluntary organisation.

Owner-occupier payments

5

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Meaning of “loan interest payments”

6

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Meaning of “alternative finance payments”

7

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Service charge payments

8

(1) “Service charge payments” are payments which—

(a) fall within sub-paragraph (2),

(b) are not excluded by sub-paragraph (3), and

(2) The payments falling within this sub-paragraph are payments of amounts which are, in whole or in part—

(a) payments of, or towards, the costs of or charges for providing services or facilities for the use or benefit of persons occupying accommodation, or

(b) fairly attributable to the costs of or charges for providing such services or facilities connected with the accommodation as are available for the use or benefit of persons occupying accommodation.

(3) Payments are excluded by this sub-paragraph where—

(a) a qualifying loan within the meaning of regulation 2 of the Loans for Mortgage Interest Regulations (Northern Ireland) 2017 was taken out for the purposes of making the payments, or

(b) the services or facilities to which the payments relate are provided for the use or benefit of any person occupying—

(i) a tent,

(ii) approved premises,

(iii) a care home, or

(iv) exempt accommodation.

(4) It is irrelevant for the purposes of sub-paragraph (2)—

(a) whether or not the payments are separately identified as relating to the costs or charges referred to in sub-paragraph (2);

(b) whether they are made in addition to or as part of any other payment (including a payment that would otherwise be regarded as a rent payment within the meaning of paragraph 2);

9

(1) This paragraph applies for the purposes of calculating the amount of the housing costs element to be included in a claimant's award of universal credit but only as regards calculations made under—

(a) Part 5 of Schedule 4 (social rented sector...); or

(b) Schedule 5 (housing costs element for owner-occupiers).

(2) The following are the conditions referred to in paragraph 8(1)(c).

(3) The first condition is that making the payments is a condition on which the right to occupy the accommodation depends.

(4) The second condition is that the payments fall within one or more of the following categories:

Category A - Payments to maintain the general standard of the accommodationPayments within this category are for—athe external cleaning of windows, but only in relation to upper floors of a multi-storey building;bother internal or external maintenance or repair of the accommodation, but only where the payments are separately identifiable as relating to such maintenance or repair, and payable by—ia claimant who occupies accommodation under an equity sharing lease, oriia claimant in whose case any amount of housing costs element to be included in their award in respect of those payments would fall to be calculated under Schedule 5.

Category B - Payments for the general upkeep of areas of communal usePayments within this category are for ongoing maintenance or cleaning of, and the supply of water, fuel or any other commodity relating to the common use of, internal or external areas, including areas for reasonable facilities (such as laundry rooms or children's play areas).

Category C - Payments in respect of basic communal servicesPayments within this category are for provision, ongoing maintenance, cleaning or repair in connection with basic services generally available to all persons living in the accommodation (such as refuse collection, communal lifts, secure building access or wireless or television aerials to receive a service free of charge).

Category D – Accommodation-specific chargesPayments within this category are specific to the particular accommodation occupied by a claimant but are limited to payments for the use of essential items contained in it (such as furniture or domestic appliances).5The third condition is that the costs and charges to which the payments relate are of a reasonable amount and relate to services or facilities of such description as it is reasonable to provide.6The fourth condition is that the payments are none of the following—apayments to the extent that they relate to the costs of or charges for providing services or facilities in respect of which payments out of public funds might otherwise be made (irrespective of whether the claimant has any entitlement to payments so made);bpayments in connection with the use of an asset which result in the transfer of the asset or any interest in it;cpayments to the extent that they relate to the costs of or charges for providing food, medical services or personal services (including personal care) of any description.7Payments that are not service charge payments within the meaning of paragraph 8 by reason only that they fail to meet any of the conditions set out in sub-paragraphs (3) to (6) are nevertheless to be treated as if they were such service charge payments for the purposes of paragraphs 3(g) and 5(2).

SCHEDULE 2 — Claimant treated as liable or not liable to make payments

PART I — Treated as liable to make payments

Certain other persons liable to make payments

1

(1) A claimant is to be treated as liable to make payments where the person who is liable to make the payments is—

(a) any child or qualifying young person for whom the claimant (or if the claimant is a member of a couple, either member) is responsible, or

(b) in the case of a claimant who is a member of a couple claiming as a single person, the other member of the couple.

(2) Sub-paragraph (1)(b) does not apply to a person who is claiming as a single person by virtue of regulation 3(3) (polygamous marriages).

Failure to pay by the person who is liable

2

(1) A claimant is to be treated as liable to make payments where all the conditions specified in sub-paragraph (2) are met.

(2) These are the conditions—

(a) the person who is liable to make the payments is not doing so;

(b) the claimant has to make the payments in order to continue occupation of the accommodation;

(d) it is otherwise reasonable in all the circumstances to treat the claimant as liable to make the payments.

(3) In determining what is reasonable for the purposes of sub-paragraph (2)(d) in the case of owner-occupier payments, regard may be had to the fact that continuing to make the payments may benefit the person with the liability to make the payments.

Payments waived in return for repair work

3

A claimant is to be treated as liable to make payments where—

(a) the liability to make payments is waived by the person (“P”) to whom the liability is owed, and

(b) the waiver of that liability is by way of reasonable compensation for reasonable repair or re-decoration works carried out by the claimant to the accommodation which P would otherwise have carried out or been required to carry out.

Rent free periods

4

(1) Where the arrangements under which the claimant occupies the accommodation provide for rent free periods, the claimant is to be treated as liable to make rent payments and service charge payments in respect of accommodation for the whole of any rent free period.

(2) In sub-paragraph (1) “rent free period” has the meaning given in paragraph 6(5) of Schedule 4.

PART 2 — Treated as not liable to make payments

Liability to make rent and other payments to close relative

5

(1) A claimant is to be treated as not liable to make rent payments where the liability to make them is owed to a person who lives in the accommodation and who is—

(a) if the claimant is a member of a couple, the other member, or

(b) a child or qualifying young person for whom—

(i) the claimant is responsible, or

(ii) if the claimant is a member of a couple, the other member is responsible, or

(i) the claimant, or

(ii) if the claimant is a member of a couple, the other member, or

(iii) any child or qualifying young person who falls within paragraph (b).

(2) A claimant who is treated under sub-paragraph (1) as not liable to make rent payments to any person is also to be treated as not liable to make service charge payments where the liability to make the service charge payments is to the same person.

Liability to make rent and other payments to company

6

(1) A claimant is to be treated as not liable to make rent payments where the liability to make them is owed to a company and the owners or directors of the company include—

(a) the claimant,

(b) if the claimant is a member of a couple, the other member,

(d) a close relative of any of the above who lives in the accommodation with the claimant.

(2) A claimant who is treated under sub-paragraph (1) as not liable to make rent payments to the company is also to be treated as not liable to make service charge payments where the liability to make the service charge payments is to—

(a) the same company; or

(b) another company of which the owners or directors include any of the persons listed in sub-paragraph (1)(a) to (d).

(3) In this paragraph, “owner”, in relation to a company (“C”), means a person (“A”) who has a material interest in C.

(4) For the purposes of sub-paragraph (3), A has a material interest in C if A—

(a) holds at least 10% of the shares in C, or

(b) is able to exercise a significant influence over the management of C by virtue of A's shareholding in C, or

(d) is able to exercise a significant influence over the management of P by virtue of A's shareholding in P, or

(e) is entitled to exercise, or control the exercise of, voting power in C which, if it consists of voting rights, constitutes at least 10% of the voting rights in C, or

(f) is able to exercise a significant influence over the management of C by virtue of A's entitlement to exercise, or control the exercise of, voting rights in C, or

(g) is entitled to exercise, or control the exercise of, voting power in P which, if it consists of voting rights, constitutes at least 10% of the voting rights in P, or

(h) is able to exercise a significant influence over the management of P by virtue of A's entitlement to exercise, or control the exercise of, voting rights in P.

(5) For the purposes of sub-paragraph (4), references to “A” are to—

(a) the person, or

(b) any of the person's associates, or

(6) For the purposes of sub-paragraph (5), “associate”, in relation to a person (“A”) holding shares in an undertaking (“X”) or entitled to exercise or control the exercise of voting power in relation to another undertaking (“Y”), means—

(a) the spouse or civil partner of A;

(b) a child or stepchild of A (if under 18);

(d) an undertaking of which A is a director;

(e) a person who is an employee or partner of A;

(f) if A has with any other person an agreement or arrangement with respect to the acquisition, holding or disposal of shares or other interests in X or Y, that other person;

(g) if A has with any other person an agreement or arrangement under which they undertake to act together in exercising their voting power in relation to X or Y, that other person.

(7) In sub-paragraph (6)(c), “settlement” means any disposition or arrangement under which property is held on trust (or subject to comparable obligations).

(8) For the purposes of this paragraph—

“parent undertaking” has the same meaning as in the Financial Services and Markets Act 2000 (see section 420 of that Act);

“shares” means—in relation to an undertaking with shares, allotted shares (within the meaning of Part 17 of the Companies Act 2006 );in relation to an undertaking with capital but no share capital, rights to share in the capital of the body;in relation to an undertaking without capital, interests—conferring any right to share in the profits, or liability to contribute to the losses, of the body, orgiving rise to an obligation to contribute to the debts or expenses of the undertaking in the event of a winding up;

“voting power”, in relation to an undertaking which does not have general meetings at which matters are decided by the exercise of voting rights, means the rights under the constitution of the undertaking to direct the overall policy of the undertaking or alter the terms of its constitution.

Liability to make rent and other payments to a trust

7

(1) A claimant is to be treated as not liable to make rent payments where the liability to make them is owed to a trustee of a trust and the trustees or beneficiaries of the trust include—

(a) the claimant,

(b) if the claimant is a member of a couple, the other member,

(d) a close relative of any of the above who lives in the accommodation with the claimant.

(2) A claimant who is treated under sub-paragraph (1) as not liable to make rent payments to the trustee of a trust is also to be treated as not liable to make service charge payments where the liability to make the service charge payments is to—

(a) a trustee of the same trust, or

(b) a trustee of another trust of which the trustees or beneficiaries include any of the persons listed in sub-paragraph (1)(a) to (d).

Liability to make owner-occupier and other payments to member of same household

8

(1) A claimant is to be treated as not liable to make owner-occupier payments where the liability to make the payments is owed to a person who lives in the claimant's household.

(2) A claimant who is treated under sub-paragraph (1) as not liable to make owner-occupier payments to any person is also to be treated as not liable to make service charge payments where the liability to make the service charge payments is to the same person.

(3) A claimant is to be treated as not liable to make service charge payments where—

(a) there is no liability to make rent payments or owner-occupier payments, but

(b) the liability to make service charge payments is to a person who lives in the claimant's household.

Arrears of payments

9

(1) A claimant is to be treated as not liable to make payments in respect of any amount which—

(a) represents an increase in the sum that would be otherwise payable, and

(b) is the result of—

(i) outstanding arrears of any payment or charge in respect of the accommodation,

(ii) outstanding arrears of any payment or charge in respect of other accommodation, previously occupied by the claimant, or

(iii) any other unpaid liability to make a payment or charge.

(2) Sub-paragraph (1) does not apply if the claimant is treated as not liable to make the payments under any of the preceding provisions of this Part of this Schedule.

Contrived liability

10

(1) A claimant is to be treated as not liable to make payments where the Department is satisfied that the liability to make the payments was contrived in order to secure the inclusion of the housing costs element in an award of universal credit or to increase the amount of that element.

(2) Sub-paragraph (1) does not apply if the claimant is treated as not liable to make the payments under any of the preceding provisions of this Part of this Schedule.

SCHEDULE 3 — Claimant treated as occupying or not occupying accommodation

PART 1 — Treated as occupying accommodation

The occupation condition: the general rule

1

(1) The general rule is that a claimant is to be treated as occupying as their home the accommodation which the claimant normally occupies as their home.

(2) Subject to the following provisions of this Part, no claimant is to be treated as occupying accommodation which comprises more than one dwelling.

(3) Where none of those provisions applies and the claimant occupies more than one dwelling, regard is to be had to all the circumstances in determining which dwelling the claimant normally occupies as their home, including (among other things) any persons with whom the claimant occupies each dwelling.

(4) In this paragraph—

Claimant living in other accommodation during essential repairs

2

(1) Where a claimant—

(a) is required to move into accommodation (“the other accommodation”) on account of essential repairs being carried out to the accommodation the claimant normally occupies as their home,

(b) intends to return to the accommodation which is under repair, and

(c) meets the payment condition and the liability condition in respect of either the other accommodation or the accommodation which they normally occupy as their home (but not both),

the claimant is to be treated as normally occupying as their home the accommodation in respect of which those conditions are met.

(2) A claimant is subject to the general rule in paragraph 1 where—

(a) sub-paragraph (1)(a) and (b) apply to the claimant; but

(b) the claimant meets the payment condition and the liability condition in respect of both the other accommodation and the accommodation which they normally occupy as their home.

3

(1) In sub-paragraph (2), “relevant claimant” means a claimant who meets all of the following conditions—

(a) the first condition is that the claimant has been housed in two dwellings (“accommodation A” and “accommodation B”) by a provider of social housing on account of the number of children and qualifying young persons living with the claimant;

(b) the second condition is that the claimant normally occupies both accommodation A and accommodation B with children or qualifying young persons for whom the claimant is responsible;

(c) the third condition is that the claimant meets the payment condition and the liability condition in respect of both accommodation A and accommodation B (and for these purposes it is irrelevant whether the claimant's liability is to the same or a different person).

(2) In the case of a relevant claimant, both accommodation A and accommodation B are to be treated as the single accommodation which the relevant claimant normally occupies as their home.

(3) In sub-paragraph (1), “provider of social housing” has the meaning given in paragraph 2 of Schedule 4.

Moving home: adaptations to new home for disabled person

4

(1) Sub-paragraph (2) applies where—

(a) the claimant has moved into accommodation (“the new accommodation”) and, immediately before the move, met the payment condition and liability condition in respect of the new accommodation, and

(b) there was a delay in moving in that it was necessary to enable the new accommodation to be adapted to meet the disablement needs of a person specified in sub-paragraph (3).

(2) The claimant is to be treated as occupying both the new accommodation and the accommodation from which the move was made (“the old accommodation”) if—

(a) immediately before the move, the claimant was entitled to the inclusion of the housing costs element in an award of universal credit in respect of the old accommodation, and

(b) the delay in moving into the new accommodation was reasonable.

(3) A person is specified in this sub-paragraph if the person is—

(a) a claimant or any child or qualifying young person for whom a claimant is responsible, and

(b) 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

(4) No claimant may be treated as occupying both the old accommodation and the new accommodation under this paragraph for more than one month.

Claimant living in other accommodation because of reasonable fear of violence

5

(1) This paragraph applies where—

(a) a claimant is occupying accommodation (“the other accommodation”) other than the accommodation which they normally occupy as their home (“the home accommodation”), and

(b) it is unreasonable to expect the claimant to return to the home accommodation on account of the claimant's reasonable fear of violence in the home, or by a former partner, against the claimant or any child or qualifying young person for whom the claimant is responsible, but

(2) The claimant is to be treated as normally occupying both the home accommodation and the other accommodation as their home if—

(a) the claimant meets the payment condition and the liability condition in respect of both the home accommodation and other accommodation, and

(b) it is reasonable to include an amount in the housing costs element for the payments in respect of both the home accommodation and the other accommodation.

(3) Where the claimant meets the payment condition and the liability condition in respect of one accommodation only, the claimant is to be treated as normally occupying that accommodation as their home but only if it is reasonable to include an amount in the housing costs element for the payments in respect of that accommodation.

(4) No claimant may be treated as occupying both the home accommodation and the other accommodation under sub-paragraph (2) for more than 12 months.

Moving in delayed by adaptations to accommodation to meet disablement needs

6

(1) The claimant is to be treated as having occupied accommodation before they moved into it where—

(a) the claimant has since moved in and, immediately before the move, met the payment condition and the liability condition in respect of the accommodation,

(b) there was a delay in moving in that was necessary to enable the accommodation to be adapted to meet the disablement needs of a relevant person, and

(2) “Relevant person” means a person specified in paragraph 4(3).

(3) No claimant may be treated as occupying accommodation under this paragraph for more than one month.

Moving into accommodation following stay in hospital or care home

7

(1) The claimant is to be treated as having occupied accommodation before they moved into it where—

(a) the claimant has since moved in and, immediately before the move, met the payment condition and the liability condition in respect of that accommodation, and

(b) the liability to make the payments arose while the claimant was a patient or accommodated in a care home (or, in the case of a joint claim, while both joint claimants were patients or were accommodated in a care home).

(2) No claimant may be treated as occupying the accommodation under this paragraph for more than one month.

(3) In this paragraph—

“care home” has the meaning given in paragraph 1 of Schedule 1;

“patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution.

PART 2 — Treated as not occupying accommodation

Periods of temporary absence exceeding 6 months

8

(1) Subject to sub-paragraphs (2) and (3), a claimant is to be treated as no longer occupying accommodation from which they are temporarily absent where the absence exceeds, or is expected to exceed, 6 months.

(2) Sub-paragraph (1) does not apply to a claimant who falls within paragraph 2.

(3) Where, a claimant who falls within paragraph 5 is temporarily absent from the accommodation which they normally occupy as their home, the claimant is to be treated as no longer occupying that accommodation where the absence exceeds, or is expected to exceed, 12 months.

SCHEDULE 4 — Housing costs element for renters

PART I — General

Definition of renter

1

(1) This Schedule contains provisions about claimants to whom regulation 27(2) applies.

(2) Claimants who fall within sub-paragraph (1) are referred to in this Schedule as “renters” (and references to “joint renters” are to joint claimants to whom regulation 27(2) applies).

Interpretation

2

In this Schedule—

“domestic violence” has the meaning given by regulation 96(5);

“exempt accommodation” has the meaning given in paragraph 1 of Schedule 1;

“extended benefit unit” has the meaning given in paragraph 8;

“housing cost contribution” has the meaning given in paragraph 12;

“the Housing Executive” means the Northern Ireland Housing Executive;

“joint renter” has the meaning given in paragraph 1(2);

“listed persons”, in relation to a renter, means—the renter,where the renter is a member of a couple, the other member of the couple, andany child or qualifying young person for whom the renter (or either joint renter) is responsible;

“member of the armed forces” means a member of the regular forces or the reserve forces within the meaning of section 374 of the Armed Forces Act 2006 ;

“non-dependant” has the meaning given in paragraph 8(2);

“provider of social housing” means—the Housing Executive; ora registered housing association;

“the UC Housing Costs Regulations” means the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016 ;

“registered housing association” means a housing association which is registered in a register maintained under Article 14 of the Housing (Northern Ireland) Order 1992 ;

“relative” has the meaning given by Article 2(2) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998;

“relevant payments” has the meaning given in paragraph 3;

“renter” means a single renter within the meaning of paragraph 1(2) or each of joint renters;

“renter who requires overnight care” is to be understood in accordance with paragraph 11(3) to (5);

“shared accommodation” has the meaning given in paragraph 26.

“Relevant payments” for purposes of this Schedule

3

(1) “Relevant payments” means one or more payments of any of the following descriptions—

(a) rent payments, and

(b) service charge payments.

(2) “Rent payments” in relation to any calculation under Part 4 or 5 of this Schedule, has the meaning given in paragraph 2 of Schedule 1.

(3) “Service charge payments”—

(a) for the purposes of calculations under Part 4 of this Schedule, has the meaning given in paragraph 8 of Schedule 1, and

(b) for the purposes of calculations under Part 5 of this Schedule, 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 for 16 or 17 year old care leavers

4

Article 16 (1) of the Order (housing costs) does not apply to any renter who is 16 or 17 years old and is a care leaver.

PART 3 — General provisions about calculation of amount of housing costs element for renters

Relevant payments to be taken into account

5

(1) Where a renter meets the payment condition, liability condition and occupation condition in respect of one or more descriptions of relevant payment, each such description is to be taken into account for the purposes of the calculation under Part 4 or 5 of this Schedule.

(2) No account is to be taken of any amount of a relevant payment to the extent that all of the conditions referred to in sub-paragraph (1) are not met in respect of that amount.

(3) Any particular payment for which a renter is liable is not to be brought into account more than once whether in relation to the same or a different renter (but this does not prevent different payments of the same description being brought into account in respect of an assessment period).

Relevant payments calculated monthly

6

(1) Where any relevant payment is to be taken into account under paragraph 5, the amount of that payment is to be calculated as a monthly amount.

(2) Where the period in respect of which a renter is liable to make a relevant payment is not a month, an amount is to be calculated as the monthly equivalent, so for example—

(a) weekly payments are multiplied by 52 and divided by 12,

(b) two-weekly payments are multiplied by 26 and divided by 12,

(d) three-monthly payments are multiplied by 4 and divided by 12, and

(e) annual payments are divided by 12.

(3) Where a renter is liable for relevant payments under arrangements that provide for one or more rent free periods, subject to paragraph (4) the monthly equivalent is to be calculated over 12 months by reference to the total number of relevant payments which the renter is liable to make in that 12 month period.

(4) Where sub-paragraph (3) applies and the relevant payments in question are-

(a) weekly payments, the total number of weekly payments which the renter is liable to make in any 12 month period shall be calculated by reference to the formula—

$52 − R F P ;$

(b) two-weekly payments, the total number of two-weekly payments which the renter is liable to make in any 12 month period shall be calculated by reference to the formula—

$26 − R F P ;$

(c) four-weekly payments, the total of four-weekly payments which the renter is liable to make in any 12 month period shall be calculated by reference to the formula—

$13 − R F P$

Where “RFP” is the number of rent free periods in the 12 month period in question.

(5) “Rent free period” means any period in respect of which the renter has no liability to make one or more of the relevant payments which are to be taken into account under paragraph 5.

Room allocation

Size criteria applicable to the extended benefit unit of all renters

7

(1) In calculating the amount of the renter's housing costs element under Part 4 or 5 of this Schedule, a determination is to be made in accordance with the provisions referred to in sub-paragraph (2) as to the category of accommodation which it is reasonable for the renter to occupy, having regard to the number of persons who are members of the renter's extended benefit unit (see paragraph 8).

(2) The provisions referred to in this sub-paragraph are the following provisions of this Schedule—

(a) in respect of a calculation under Part 4, paragraphs 8 to 11 and 25 to 28;

(b) in respect of a calculation under Part 5, paragraphs 8 to 11.

Extended benefit unit of a renter for purposes of this Schedule

8

(1) For the purposes of this Schedule, the members of a renter's extended benefit unit are—

(a) the renter (or joint renters),

(b) any child or qualifying young person for whom the renter or either joint renter is responsible, and

(2) A person is a non-dependant if the person normally lives in the accommodation with the renter (or joint renters) and is none of the following—

(a) a person within sub-paragraph (1)(a) or (b);

(b) where the renter is a member of a couple claiming as a single person, the other member of the couple;

(d) a person who is liable to make payments on a commercial basis in respect of the person's occupation of the accommodation (whether to the renter, joint renters or another person);

(e) a person to whom the liability to make relevant payments is owed or a member of their household;

(f) a person who has already been treated as a non-dependant in relation to a claim for universal credit by another person liable to make relevant payments in respect of the accommodation occupied by the renter;

(g) a child or qualifying young person for whom no-one in the renter's extended benefit unit is responsible.

(3) “Foster child” means a child in relation to whom the renter (or either joint renter) is a foster parent.

Number of bedrooms to which a renter is entitled

9

(1) A renter is entitled to one bedroom for each of the following categories of persons in their extended benefit unit—

(a) the renter (or joint renters);

(b) a qualifying young person for whom the renter or either joint renter is responsible;

(d) two children who are under 10 years old;

(e) two children of the same sex;

(f) any other child.

(2) A member of the extended benefit unit to whom two or more of the descriptions in sub-paragraph (1) apply is to be allotted to whichever description results in the renter being entitled to the fewest bedrooms.

(3) In determining the number of bedrooms to which a renter is entitled, the following must also be taken into account—

(a) the provisions of paragraph 10 as to treatment of periods of temporary absence of members of the renter's extended benefit unit;

(b) any entitlement to an additional bedroom in accordance with paragraph 11;

Temporary absence of member of renter's extended benefit unit

10

(1) A member of the renter's extended benefit unit who is temporarily absent from the accommodation occupied by the renter is to be included in a determination of the number of bedrooms to which the renter is entitled (“relevant determination”) in the circumstances specified in sub-paragraphs (2) to (4).

(2) In the case of a child or qualifying young person the circumstances specified in this sub-paragraph are that the relevant determination relates to any time—

(a) during the first 6 months of the absence of a child or qualifying young person for whom the renter is treated as not being responsible in accordance with regulation 4(6)(a) (child or qualifying young person looked after by an authority) where, immediately before the authority started looking after them, the child or qualifying young person was included in the renter's extended benefit unit and the renter's award included the housing costs element,

(b) during the first 6 months of the absence of a child or qualifying young person for whom the renter is treated as not being responsible in accordance with regulation 4(6)(b) (child or qualifying young person is a prisoner) where—

(i) immediately before becoming a prisoner, the child or qualifying young person was included in the renter's extended benefit unit and the renter's award included the housing costs element, and

(ii) the child or qualifying young person has not been sentenced to a term in custody that is expected to extend beyond that 6 months, or

(c) before the renter or joint renter ceases to be responsible for a temporarily absent child or qualifying young person in accordance with regulation 4(7) (absence exceeding specified duration).

(3) In the case of a renter, the circumstances specified in this sub-paragraph are that the relevant determination relates to any time when—

(a) the temporary absence from Northern Ireland of the renter is disregarded in accordance with regulation 11(1) or (2) (temporary absence from Northern Ireland), or

(b) the renter is a prisoner to whom regulation 19(2) (existing award includes housing costs when person becomes a prisoner) applies.

(4) In the case of a non-dependant, the circumstances specified in this sub-paragraph are that—

(a) the relevant determination relates to any time during a period specified in sub-paragraph (5),

(b) immediately before the start of that period, the non-dependant was included in the renter's extended benefit unit and, in the circumstances specified in sub-paragraph (5)(a) to (c), the renter's award included the housing costs element.

(5) The specified periods are—

(a) the first month of the non-dependant's temporary absence from Northern Ireland and, if the circumstances of the non-dependant are such as would be disregarded for the purposes of regulation 11(2) (death of a close relative), a further one month;

(b) the first 6 months of the non-dependant's temporary absence from Northern Ireland in the circumstances described in regulation 11(3)(a) (absence solely in connection with treatment for illness or physical or mental impairment);

(c) the first 6 months that the non-dependant is a prisoner where the non-dependant has not been sentenced to a term in custody that is expected to extend beyond that 6 months;

(d) any period during which a non-dependant who is the son, daughter, step-son or step-daughter of a renter or joint renters is a member of the armed forces away on operations.

(6) Any non-dependant who is temporarily absent from the accommodation occupied by the renter in circumstances other than those specified in sub-paragraphs (4) and (5) is not to be treated as being a member of the renter's extended benefit unit if that absence exceeds, or is expected to exceed, 6 months.

Additional room

11

(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;

(1) A renter is entitled to an additional bedroom if they satisfy any of the following conditions—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the foster parent condition ...; ...

(d) the disabled person condition (see sub-paragraph (6A)).

(2) Sub-paragraphs (A1) and (1) apply subject to sub-paragraphs (8) and (9).

(3) A person satisfies the overnight care condition if—

(a) they are 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

(b) one or more persons who do not live in the renter's accommodation are engaged to provide overnight care for the person and to stay overnight in the accommodation on a regular basis; and

(4) A renter satisfies the foster parent condition if the renter is—

(a) a foster parent; or

(b) an adopter with whom a child has been placed for adoption.

(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;

(d) the renter, or one or both of joint renters, satisfies the disabled person condition.

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;

(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;

(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, ...

(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.

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.

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The Universal Credit Regulations (Northern Ireland) 2016

Payments excluded from being rent payments

3

Specified accommodation

4

Owner-occupier payments

Owner-occupier payments

5

Meaning of “loan interest payments”

6

Meaning of “alternative finance payments”

7

Service charge payments

Service charge payments

8

Additional conditions: social rented sector renters and owner-occupiers

9

SCHEDULE 2 — Claimant treated as liable or not liable to make payments

PART I — Treated as liable to make payments

Certain other persons liable to make payments

1

Failure to pay by the person who is liable

2

Payments waived in return for repair work

3

Rent free periods

4

PART 2 — Treated as not liable to make payments

Liability to make rent and other payments to close relative

5

Liability to make rent and other payments to company

6

Liability to make rent and other payments to a trust

7

Liability to make owner-occupier and other payments to member of same household

8

Arrears of payments

9

Contrived liability

10

SCHEDULE 3 — Claimant treated as occupying or not occupying accommodation

PART 1 — Treated as occupying accommodation

The occupation condition: the general rule

1

Claimant living in other accommodation during essential repairs

2

Claimant housed in two dwellings by provider of social housing

3

Moving home: adaptations to new home for disabled person

4

Claimant living in other accommodation because of reasonable fear of violence

5

Moving in delayed by adaptations to accommodation to meet disablement needs

6

Moving into accommodation following stay in hospital or care home

7

PART 2 — Treated as not occupying accommodation

Periods of temporary absence exceeding 6 months

8

SCHEDULE 4 — Housing costs element for renters

PART I — General

Definition of renter

1

Interpretation

2

“Relevant payments” for purposes of this Schedule

3

PART 2 — Exception to inclusion of housing costs element

No housing costs element for 16 or 17 year old care leavers

4

Article 16 (1) of the Order (housing costs) does not apply to any renter who is 16 or 17 years old and is a care leaver.

PART 3 — General provisions about calculation of amount of housing costs element for renters

Relevant payments to be taken into account

5

Relevant payments calculated monthly

6

Room allocation

Size criteria applicable to the extended benefit unit of all renters

7

Extended benefit unit of a renter for purposes of this Schedule