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- Count the children of the household head's non-dependants (Universal Credit, UC Regs 2013 Sch 4 paras 9-10) and of non-dependants, boarders and lodgers (Housing Benefit, HB Regs 2006 reg 13D(12)) in the household head's LHA size criteria, sharing rooms with the head's own children. Give foster children no bedroom of their own, and foster parents, adopters with a child placed, and households with a non-resident overnight carer an additional bedroom (UC Sch 4 para 12; HB reg 13D(3A)-(3B)), with new inputs `is_placed_for_adoption`, `is_approved_foster_parent_without_placement` and `has_non_resident_overnight_carer`. Except foster parents from the shared accommodation rate (UC para 29(9A); HB "young individual"), and count armed forces independence payment in the UC para 29(5) exception. Give an occupier couple from another family one Housing Benefit bedroom (HB reg 13D(3)(a)). A child placed for adoption leaves the legacy household (HB reg 21(3), IS reg 16(4), JSA reg 78(4), ESA reg 156(5)) and is not a Tax-Free Childcare qualifying child (Childcare Payments (Eligibility) Regs 2015 reg 4(2)(d)). Treat a person under 18 looked after by a local authority and placed with the renter as the renter's foster child throughout the Universal Credit size criteria (`is_lha_foster_child`). Apply the 2017 extension of the overnight care bedroom beyond the renter or claimant from April 2017. Leave a child placed with the family out of the Income Support youngest-child test (IS reg 16(4)). Treat the looked-after flag as applying only under 18 (`is_looked_after_child`) in the UC, CTC, Pension Credit and legacy placement tests. Add Income Support Sch 1B paras 2 and 2A (a single claimant or lone parent with whom a child is placed by a local authority, or placed for adoption).
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description: Disability benefits whose recipients, if non-resident carers regularly stay overnight to care for them, give an additional bedroom in the LHA size criteria. The law also lists the Scottish devolved equivalents (child disability payment, adult disability payment, Scottish adult disability living allowance, pension age disability payment), which the model has no variables for.
values:
2011-04-01:
- attendance_allowance
- armed_forces_independence_payment
- dla_sc_middle_plus
- pip_dl
metadata:
unit: list
label: LHA overnight care qualifying benefits
reference:
- title: Universal Credit Regulations 2013 Sch 4 para 12(3)(a)
href: https://www.legislation.gov.uk/uksi/2013/376/schedule/4/paragraph/12
- title: Universal Credit Regulations 2013 reg 2, "attendance allowance" (includes armed forces independence payment)
href: https://www.legislation.gov.uk/uksi/2013/376/regulation/2
- title: Housing Benefit Regulations 2006 reg 2(1), "person who requires overnight care"
href: https://www.legislation.gov.uk/uksi/2006/213/regulation/2
- title: Housing Benefit (State Pension Credit) Regulations 2006 reg 2(1), "person who requires overnight care"
href: https://www.legislation.gov.uk/uksi/2006/214/regulation/2
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description: Whether the overnight care additional bedroom in the LHA size criteria covers people other than the renter or claimant and partner, such as non-dependants, other occupiers and foster children.
values:
2011-04-01: false
2017-04-01: true
metadata:
unit: bool
label: LHA overnight care covers the household
reference:
- title: Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2017 (SI 2017/213) regs 4 and 6
href: https://www.legislation.gov.uk/uksi/2017/213/made
- title: Universal Credit Regulations 2013 Sch 4 para 12(A1)
href: https://www.legislation.gov.uk/uksi/2013/376/schedule/4/paragraph/12
- title: Housing Benefit Regulations 2006 reg 13D(3A)(a)
href: https://www.legislation.gov.uk/uksi/2006/213/regulation/13D
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description: Disability benefits whose recipients under 35 are excepted from the shared accommodation rate.
description: Disability benefits whose recipients under 35 are excepted from the shared accommodation rate. The law also lists the Scottish devolved equivalents (child disability payment, adult disability payment, Scottish adult disability living allowance), which the model has no variables for.
values:
2013-04-29:
- attendance_allowance
- armed_forces_independence_payment
- dla_sc_middle_plus
- pip_dl
metadata:
Expand All @@ -10,3 +11,5 @@ metadata:
reference:
- title: Universal Credit Regulations 2013 Sch 4 para 29(5)
href: https://www.legislation.gov.uk/uksi/2013/376/schedule/4/paragraph/29
- title: Universal Credit Regulations 2013 reg 2, "attendance allowance" (includes armed forces independence payment)
href: https://www.legislation.gov.uk/uksi/2013/376/regulation/2
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description: Age below which a person can be a child looked after by a local authority, and so a foster child.
values:
2010-01-01: 18
metadata:
unit: year
label: looked-after child age limit
reference:
- title: Children Act 1989 s.22(1) (a child who is looked after by a local authority) and s.105(1) ("child" means a person under the age of eighteen)
href: https://www.legislation.gov.uk/ukpga/1989/41/section/105
- title: Universal Credit Regulations 2013 reg 2, "foster parent" and "looked after by a local authority"
href: https://www.legislation.gov.uk/uksi/2013/376/regulation/2
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