New clause 41—Housing benefit: exemption from benefit cap—

‘(1) The Housing Benefit Regulations 2006 are amended as follows.

(2) In Regulation 75A, omit “or 75F” and insert “, 75F or 75FA”.

(3) After Regulation 75F, insert—

“75FA Exception to the benefit cap: domestic abuse

(1) The benefit cap does not apply to a person (P) who is or is likely to become a victim of domestic abuse or where the victim of domestic abuse has fled domestic abuse within the previous two years.

(2) Subparagraph (1) applies where P provides evidence of having experienced domestic abuse or being at risk of domestic abuse in one of more of the forms set out in regulation 33(2) of the Civil Legal Aid (Procedure) Regulations 2012.

(3) The exception in subparagraph (1) above will last for a period of two years from the date on which the person became eligible for the exception.

(4) ‘Domestic abuse’ has the meaning set out in section 1 of the Domestic Abuse Act 2020.”’