Calculating housing costs element for owner occupiers
The rules for calculating the housing costs element for owner occupiers are set out in Schedule 5 to the Universal Credit Regulations 2013 (SI.No.376/2013).
NB: See below for equivalent legislation in Northern Ireland.
Amount of housing costs element |
Regulation 26 of SI.No.376/2013 |
Sets out the general rules for the amount of housing costs element for owner occupiers including those that have shared ownership. |
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Earnings exclusion |
Paragraph 4 of Schedule 5 to SI.No.376/2013 |
Sets out the rules that exclude entitlement to the housing costs element for relevant owner occupier charges where earnings are present. |
Qualifying periods |
Paragraphs 5 to 7 of Schedule 5 to SI.No.376/2013 |
Set out the rules for qualifying periods for the inclusion of the housing costs element in an award and exemptions from serving them. |
Calculation of amount |
Paragraphs 8 and 9 of Schedule 5 to SI.No.376/2013 |
Set out how the amount of housing costs element for owner occupiers is calculated. |
Averaging service charge liabilities |
Paragraph 13 of Schedule 5 to SI.No.376/2013 |
Sets out the averaging method for liabilities, including for service charge free periods. |
Deciding housings costs on incomplete evidence |
Regulation 39(4) of SI.No.381/2013 |
Sets out the rules for assessing housing costs if information or evidence is not available. |
In Northern Ireland, SR.No.216/2016 makes provisions that are largely equivalent to that in Great Britain.
Further explanation of the legislation is set out in guidance. Please note, however, guidance is not binding and cannot override the legislation.
Advice for decision making |
Sets out guidance about the housing costs element for owner occupiers. |
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Advice for decision making |
Includes guidance at paras F2050 to 2080 on service charges. |
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DWP guidance from parliament.uk |
Sets out guidance on service charges including those owner occupier charges that may be covered by universal credit. |
Case law provides further interpretation of the legislation and establishes legal precedent.
We’re not aware of any case law relating to this issue.