Explanatory note

These Regulations amend the Rent Officers (Housing Benefit Functions) Order 1997 (S.I. 1997/1984), the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 (S.I. 1997/1995), the Housing Benefit Regulations 2006 (S.I. 2006/213), the Housing Benefit (Persons who have attained the qualifying age for state pension credit Regulations 2006 (S.I. 2006/214) and the Universal Credit Regulations 2013 (S.I. 2013/376).

These Regulations give effect to the judgment of the Supreme Court in R (on the application of Carmichael and Rourke) (formerly known as MA and others) v Secretary of State for Work and Pensions and R (on the application of Rutherford and another) v Secretary of State for Work and Pensions) [2016] UKSC 58 (9th November 2016).

Regulation 1 provides for the citation and commencement of these Regulations. Regulation 1(2) makes provision for the date that the changes made by these Regulations come into effect in relation to existing awards of universal credit.

Regulations 2(3), 3(3), 4(3)(b) and (d) and (4)(b), 5(3)(b) and 6(a), (b)(i), (c), (d), (f) and (g) amend provisions in the above Regulations which allow an extra bedroom where the claimant or their partner requires overnight care. The effect is that an extra bedroom will also be provided where any other person who occupies the dwelling as their home needs overnight care, or a child or young person in respect of whom the claimant is a qualifying parent or carer needs overnight care. Where a claimant or their partner and one or more other persons require overnight care only one extra bedroom will be provided. Regulations 4(2)(b), (3)(c) and (5) and (6), 5(2)(b) and (4) and (5) and 6(b)(ii) contain minor consequential amendments in relation to these amendments.

Regulations 2(2) and (4), 3(2) and (4), 4(2)(a), (3)(a) and (4)(a), 5(2)(a) and (3)(a) and 6(b)(iii) and (e) amend provisions in the above Regulations which allow an extra bedroom where a severely disabled child is unable to share a bedroom with another child. The effect is that an extra bedroom will also be provided where a member of a couple is unable to share a bedroom with the other member of the couple.

An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.