Affordable Homes Bill (HC Bill 13)




Make provision about the availability of affordable homes; and for connected

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Application of section 2

The provisions of section 2 apply where—

(a) the claimant is a person in receipt of Housing Benefit; or

(b) the claimant is in receipt of Universal Credit which includes an amount
5in respect of the housing costs element of Universal Credit; and

(c) the property to which the claim relates is a dwelling of which the
landlord is a local housing authority or a registered provider of social

2 Calculation of Housing Benefit or the housing costs element of Universal

(1) The appropriate maximum Housing Benefit or the amount to be included as
the housing cost elements of a Universal Credit award shall not be less than the
actual amount of the liability in a case where—

(a) an adaptation has been made to the dwelling to provide assistance to
15meet a disability need of the claimant, the claimant’s partner or a close
relative of the claimant or the claimant’s partner who resides at the
dwelling and the claimant has provided the relevant authority with
such certificates, documents, information or evidence as to
demonstrate, to the reasonable satisfaction of the relevant authority—

(i) 20the disability need of a person referred to above;

(ii) that an adaptation has been made to meet that need; and

(iii) that the cost of the adaptation is not less than an amount
prescribed in regulations made by the Secretary of State;

(b) the claimant, the claimant’s partner or a close relative of the claimant or
25the claimant‘s partner—

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(i) resides at the dwelling;

(ii) is in receipt of any component of Disability Living Allowance
or of Personal Independence Payment (whichever is

(iii) 5has satisfied the relevant authority that, due to their disability,
they are not reasonably able to share a bedroom with another

(iv) as a result of paragraphs (i) to (iii), an additional bedroom is
required to accommodate any person residing at the premises
10who would otherwise, pursuant to regulation B13(5) of the
Housing Benefit Regulations 2006 be able to share a bedroom
with them; and

(v) the dwelling does not have additional bedrooms exceeding
those needed to accommodate any person falling under (iv)
15above, save as may be provided by other legislative provisions;

(c) neither the claimant’s landlord nor a local authority, where it is not the
landlord, has made a reasonable offer of alternative accommodation.

(2) Regulations made under this section may define “reasonable offer of
alternative accommodation” for the purposes of sub-section (1)(c) above.

3 20Review of the availability of affordable homes and the intermediate housing

(1) During the period of 12 months commencing with the coming into force of this
Act, the Secretary of State shall carry out a review of the availability of
affordable homes and intermediate housing and produce and lay before
25Parliament a report which must set out the conclusions of the review.

(2) The report may assess, in particular—

(a) the extent of the need for affordable homes and intermediate housing
and any impediments to the meeting of the need;

(b) progress made in meeting any need identified and an assessment of the
30potential for the development of the market for intermediate housing;

(c) the financial products to support the market and the role of registered
providers and community land trusts;

(d) whether the Secretary of State should issue—

(i) guidance under section 46 of the Housing and Regeneration Act
352008, or

(ii) directions under section 47 of the Housing and Regeneration
Act 2008,

so as to contribute to meeting the need or the development of the

4 40Orders and regulations

(1) Any power to make an order or regulations under this Act is exercisable by
statutory instrument.

(2) A statutory instrument containing an order or regulations under this Act is
subject to annulment in pursuance of a resolution of either House of

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5 Interpretation

(1) In sections 1 and 2—

(a) in any instance where the provisions apply to Scotland or Wales for
“registered provider of social housing” substitute “registered social

(b) “close relative” means a parent, parent-in-law, son, son-in-law,
daughter, daughter-in-law, step-parent, step-son, step-daughter,
brother, sister, or if any of the preceding persons is one member of a
couple, the other member of that couple;

(c) 10“relevant authority” means an authority administering Housing
Benefit or the housing costs element of Universal Credit.

(2) In section 3—

(a) “affordable homes” means intermediate housing provided to eligible
households whose needs are not met by the market and eligibility is
15determined with regard to local incomes and local house prices and
which housing remains at an affordable price for future eligible

(b) “community land trust” means a body corporate which satisfies the
conditions laid down in section 79(4) and (5) of the Housing and
20Regeneration Act 2008 (“the 2008 Act“) and where “local community”
has the meaning provided in section 79(3) of the 2008 Act;

(c) “financial product” includes loans, mortgages, guarantees, overdrafts
and such other forms of financial assistance which exist to enable the
purchase of an interest in property;

(d) 25“intermediate housing” means homes for sale and rent provided at a
cost above social rent, but below market levels as determined by local
house prices. These may include shared ownership, co-operative
housing where members have an equity interest, equity loans and other
low cost homes for sale and intermediate rent but shall not include
30affordable rented housing;

(e) “registered provider” means a person listed in the register of providers
of social housing established under Chapter 3 of Part 2 of the 2008 Act.

6 Financial provisions

There is to be paid out of money provided by Parliament—

(a) 35any expenditure incurred under or by virtue of this Act by the Secretary of
State], and

(b) any increase attributable to this Act in the sums payable under any other Act
out of money so provided.

7 Short title, commencement and extent

(1) 40This Act may be cited as the Affordable Homes Act 2014.

(2) This Act comes into force at the end of the period of 3 months beginning with
the day on which it is passed.

(3) Sections 1 and 2 of this Act extends to England and Wales and Scotland.

(4) Section 3 of this Act extends to England only.