Regulation 3 Amendment of the principal Regulations

(1)

The principal Regulations are amended as follows.

(2)

In regulation 2 (interpretation), after the definition of “administering agency” insert—

““mobile home” means a caravan within the meaning of Part I of the Caravan Sites and Control of Development Act 1960^f1 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968^f2) which is used as a dwelling for the purposes of Part I of the Local Government Finance Act 1992^f3;”.

(3)

In regulation 3 (powers of the Secretary of State), after paragraph (4)^f4 insert—

“(5)
In respect of an amount allocated to an administering agency under paragraph (4), the Secretary of State—

(a)
may re-allocate any such amount within a financial year; but

(b)
must not re-allocate any amounts which have already been allocated or provisionally allocated for the purpose of making grants in accordance with these Regulations.”.

(4)

In regulation 4 (persons who may apply for a grant)—

(a)

in paragraph (2)^f5—

(i)

after “that” insert “, except where the dwelling is a mobile home,”; and

(ii)

for “55” substitute “63”;

(b)

for paragraph (3A)^f6 substitute—

“(3A)
This paragraph applies where P is, or is living with a partner who is, in receipt of—

(a)
child tax credit^f7 and has a relevant income of £15,860 or less;

(b)
income-related employment and support allowance^f8 and—

(i)
is receiving a work-related activity or support component; or

(ii)
has parental responsibility for a qualifying child; or

(iii)
is in receipt of a qualifying component;

(c)
income-based job seeker’s allowance^f9 and—

(i)
has parental responsibility for a qualifying child; or

(ii)
is in receipt of a qualifying component;

(d)
income support^f10 and—

(i)
has parental responsibility for a qualifying child; or

(ii)
is in receipt of a qualifying component;

(e)
state pension credit^f11;

(f)
working tax credit and has a relevant income of £15,860 or less and—

(i)
has parental responsibility for a qualifying child; or

(ii)
is in receipt of a disabled worker element or severe disability element; or

(iii)
is aged 60 years or over.”;

(c)

in paragraph (4)—

(i)

after the definition of “householder” insert—

““parental responsibility” has the same meaning as in section 3 of the Children Act 1989^f12;

“qualifying child” means, in relation to a person in receipt of an allowance, income support or working tax credit, a child who ordinarily resides with that person and who—

(a)

is under the age of 16; or

(b)

is 16 or over but under the age of 20 and in full-time education (other than higher education within the meaning of section 579(1) of the Education Act 1996^f13);”;

(ii)

after the definition of “qualifying component” insert—

““relevant income” has the same meaning as in Part 1 of the Tax Credits Act 2002^f14;”.

(5)

In regulation 9 (application for, and payment of, grant), in paragraph (4)^f15—

(a)

after “allocated” where it first appears, insert “or re-allocated”; and

(b)

after “been”, insert “allocated or”.

Annotations

Footnotes

f1: 1960 c.62.
f2: 1968 c.52.
f3: 1992 c.14.
f4: Paragraph (4) was inserted by regulation 2(1) and (2) of the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2010 (S.I. 2010/1893).
f5: Paragraph (2) was inserted by regulation 3(1) and (3)(a) of the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2011 (S.I. 2011/833).
f6: Paragraph (3A) was inserted by regulation 3(1) and (3)(a) of the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2011 (S.I. 2011/833).
f7: Child tax credit and working tax credit are provided for in Part I of the Tax Credits Act 2002 (c.21).
f8: See Part 1 of the Welfare Reform Act 2007 (c.5).
f9: See section 1(1) and (4) of the Jobseekers Act 1995 (c 18).
f10: See section 124 of the Social Security Contributions and Benefits Act 1992 (c 4).
f11: See section 1(1) of the State Pension Credit Act 2002 (c.16).
f12: 1989 c.41.
f13: 1996 c.56.
f14: 2002 c.21.
f15: Paragraph (4) was inserted by regulation 2(1) and (3) of the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2010 (S.I. 2010/1893).