OpenLegislation

Paragraph 11 Additional room

Northern Ireland

F1(A1)

A renter is entitled to an additional bedroom if one or more of the following persons satisfies the overnight care condition (see sub-paragraph (3))—

(a)

the renter;

(b)

a person in the renter’s extended benefit unit;

(c)

a child in respect of whom the renter satisfies the foster parent condition (see sub-paragraphs (4) and (5)).

(1)

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

F2(a)

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

(b)

the foster parent condition F3...; F4...

(c)

the disabled child condition (see sub-paragraph (6)); F5or

F6(d)

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

F7(2)

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

(3)

F8A 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;

F9(ia)

the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;

F10(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; F11...

F12(iia)

pension age disability payment;

(iii)

the daily living component of personal independence payment;

()

F13or

(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 F14care for the person and to stay overnight in the accommodation on a regular basis; and

(c)

overnight care is provided under arrangements entered into for that purpose.

(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.

F15(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;

F16(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;

(F17ia)

the care component of child disability payment at the middle or highest rate in accordance with regulation 11(5) of the DACYP Regulations;

(F18ib)

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 F19...;

(F20iia)

pension age disability payment F21...;

(iii)

the daily living component of personal independence payment; F22...

(F23iv)

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.

F24(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.

F25(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.

Annotations

Textual amendments

F1

Sch. 4 para. 11(A1) inserted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(3), 4(a)

F2

Sch. 4 para. 11(1)(a) omitted (coming into force in accordance with reg. 1(3) of the amending Rule) by virtue of The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(3), 4(b)(i)

F3

Words in Sch. 4 para. 11(1)(b) omitted (coming into force in accordance with reg. 1(3) of the amending Rule) by virtue of The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(3), 4(b)(ii)

F4

Word in Sch. 4 para. 11(1)(b) omitted (coming into force in accordance with reg. 1(3) of the amending Rule) by virtue of The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(3), 4(b)(iii)

F5

Word in Sch. 4 para. 11(1)(c) inserted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(3), 4(b)(iv)

F6

Sch. 4 para. 11(1)(d) inserted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(3), 4(b)(v)

F7

Sch. 4 para. 11(2) substituted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(3), 4(c)

F8

Words in Sch. 4 para. 11(3) substituted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(3), 4(d)(i)

F9

Sch. 4 para. 11(3)(a)(ia) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 12 para. 8(2)(a)

F10

Sch. 4 para. 11(3)(a)(ib) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 32(8)(a)(i)

F11

Word in Sch. 4 para. 11(3)(a)(ii) omitted (21.3.2022) by virtue of The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 28(8)(a)(i)

F12

Sch. 4 para. 11(3)(a)(iia) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 30(7)(a)(i)

F13

Sch. 4 para. 11(3)(a)(iv) and word inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 28(8)(a)(ii)

F14

Words in Sch. 4 para. 11(3)(b) substituted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(3), 4(d)(ii)

F15

Sch. 4 para. 11(6) substituted (27.1.2025) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(2), 5(2)(a)

F16

Sch. 4 para. 11(6A) inserted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(3), 4(e)

F17

Sch. 4 para. 11(6A)(a)(ia) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 12 para. 8(2)(c)

F18

Sch. 4 para. 11(6A)(a)(ib) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 32(8)(a)(ii)

F19

Words in Sch. 4 para. 11(6A)(a)(ii) omitted (27.1.2025) by virtue of The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(2), 5(2)(b)(i)

F20

Sch. 4 para. 11(6A)(a)(iia) inserted (21.10.2024) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2024 (S.I. 2024/919), arts. 1(1), 30(7)(a)(ii)

F21

Words in Sch. 4 para. 11(6A)(a)(iia) omitted (27.1.2025) by virtue of The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2025 (S.R. 2025/3), regs. 1(2), 5(2)(b)(ii)

F22

Word in Sch. 4 para. 11(6A)(a)(iii) omitted (21.3.2022) by virtue of The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 28(8)(b)(i)

F23

Sch. 4 para. 11(6A)(a)(iv) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 28(8)(b)(ii)

F24

Sch. 4 para. 11(7) omitted (coming into force in accordance with reg. 1(3) of the amending Rule) by virtue of The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(3), 4(f)

F25

Sch. 4 para. 11(9) substituted (coming into force in accordance with reg. 1(3) of the amending Rule) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(3), 4(g)