[2024] UKUT 261 (AAC)

Extended benefit unit of a renter for purposes of this Schedule

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

the renter (or joint renters);

any child or qualifying young person for whom the renter or either joint renter is responsible; and

any person who is a non-dependant.

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

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

a foster child;

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);

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

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.

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

“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

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

the renter (or joint renters);

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

a non-dependant who is not a child;

two children who are under 10 years old;

two children of the same sex;

any other child.

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.

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

the provisions of paragraph 11 as to treatment of periods of temporary absence of members of the renter's extended benefit unit;

any entitlement to an additional bedroom in accordance with paragraph 12;

for the purpose of any calculation under Part 4 of this Schedule, the additional requirements in paragraphs 26 to 29.

Temporary absence of member of renter's extended benefit unit

—(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).

…

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

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

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.

The specified periods are—

the first month of the non-dependant's temporary absence from Great Britain 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;

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

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.

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.

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.