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The Home Repair Assistance Grant Regulations (Northern Ireland) 2003

S.R. 2003/464 · Made 3 November 2003 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 27 September 2017.

HOUSING

Made 3rd November 2003

Coming into operation 1st December 2003

The Department for Social Development, in exercise of the powers conferred on it by Articles 109 and 148(1) of the Housing (Northern Ireland) Order 2003f1 and of every other power enabling it in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 2003/412 (N.I. 2); see Article 2(2) for the definitions of “the Department” and “the Executive”

Contents

  1. 1Citation, commencement and interpretation
  2. 2Applications for assistance
  3. 3Making an application for assistance
  4. 4Works qualifying for assistance
  5. 5Dealing with applications for assistance
  6. 6Effect
  7. 7Revocation and Savings
  8. Signature
  9. Schedule 1: CONTENT OF APPLICATION
  10. 1Paragraph 1
  11. 2Paragraph 2
  12. 3Paragraph 3
  13. 4Paragraph 4
  14. 5Paragraph 5
  15. 6Paragraph 6
  16. 7Paragraph 7
  17. 8Paragraph 8
  18. 9Paragraph 9
  19. 10Paragraph 10
  20. 11Paragraph 11
  21. 12Paragraph 12
  22. 13Paragraph 13
  23. 14Paragraph 14
  24. 15Paragraph 15
  25. 16Paragraph 16
  26. 17Paragraph 17
  27. 18Paragraph 18
  28. 19Paragraph 19
  29. Schedule 2: WORKS WHICH MAY QUALIFY FOR ASSISTANCE
  30. 1Paragraph 1
  31. 2Paragraph 2
  32. 3Paragraph 3
  33. 4Paragraph 4
  34. 5Paragraph 5
  35. 6Paragraph 6
  36. 7Paragraph 7
  37. Schedule 3: DEALING WITH APPLICATIONS
  38. 1Paragraph 1
  39. 2Paragraph 2
  40. 3Paragraph 3
  41. 4Paragraph 4
  42. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Home Repair Assistance Grant Regulations (Northern Ireland) 2003 and shall come into operation on 1st December 2003.

(2)

In these Regulations –

  • “the 2003 Order” means the Housing (Northern Ireland) Order 2003;

  • “associated equipment” includes any plumbing fittings which are within the pipe work or are necessary to connect the pipe to the tap or main and includes, where the supply of water is indirect, the storage tank;

  • “assistance” means home repair assistance;

  • “housing benefit” means housing benefit under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1;

  • F1“(income related) employment and support allowance” means (income related) employment and support allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007;

  • “income-based jobseeker’s allowance” means an income-based jobseeker’s allowance under Article 3(4) of the Jobseeker’s (Northern Ireland) Order 1995f2;

  • F2...

  • “property” means a dwelling or mobile home;

  • “income support” means income support under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

  • F3“universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015;

  • “working tax credit” means a working tax credit under section 10 of the Tax Credits Act 2002f3.

2Applications for assistanceI1

(1)

Subject to paragraph (2), the Executive shall not entertain an application for assistance unless it is satisfied that the applicant or his partner is in receipt of F1(income related) employment and support allowance, income support, income-based jobseeker’s allowance, housing benefit F2, pension credit, F3universal credit or working tax credit.

(2)

The condition in paragraph (1) does not apply –

(a)

to an applicant who is elderly, disabled or infirm, or

(b)

in respect of works to adapt a property to enable an elderly or infirm person, who lives or proposes to live in the property, to be cared for.

3Making an application for assistanceI1

All applications for assistance shall be in writing and shall contain the information specified in Schedule 1.

4Works qualifying for assistanceI1

The works specified in Schedule 2 may qualify for assistance in the form of grant or the provision of materials or both subject to the total amount or value specified in regulation 3 of the Housing Renovation etc. Grants (Grant Limit) Order (Northern Ireland) 2003f1.

5Dealing with applications for assistanceI1

Applications for assistance shall be dealt with in accordance with Schedule 3.

6EffectI1

These Regulations shall not have effect in relation to applications for grant under Article 69 of the Order of 1992 made before 1st December 2003.

7Revocation and SavingsI1

(1)

Subject to paragraph (2) the Assistance for Minor Works to Dwellings Regulations (Northern Ireland) 1992f1, the Assistance for Minor Works to Dwellings (Lead Pipes) Order (Northern Ireland) 1992f2, the Assistance for Minor Works to Dwellings (Amendment) Regulations (Northern Ireland) 1997f3 and the Assistance for Minor Works to Dwellings (Amendment) Regulations (Northern Ireland) 2000f4 are hereby revoked.

(2)

The Assistance for Minor Works to Dwellings Regulations (Northern Ireland) 1992, the Assistance for Minor Works to Dwellings (Lead Pipes) Order (Northern Ireland) 1992, the Assistance for Minor Works to Dwellings (Amendment) Regulations (Northern Ireland) 1997 and the Assistance for Minor Works to Dwellings (Amendment) Regulations (Northern Ireland) 2000 shall continue to apply to an application for a grant made before 1st December 2003.

Signature

Sealed with the Official Seal of the Department for Social Development on 3rd November 2003.

L.S.

D. M. Crothers

A senior officer of the

Department for Social Development

1I1

The name and address of the applicant.

2I1

The date of birth of the applicant.

3I1

Whether the applicant is elderly, disabled or infirm.

4I1

Whether the applicant or his partner is in receipt of F1(income related) employment and support allowance, income support, an income-based jobseeker’s allowance, F2universal credit, working tax credit, or housing benefit.

5I1

Whether the works are to adapt a property to enable an elderly or infirm person, who lives or proposes to live in the property as his only or main residence, to be cared for.

6I1

The address of the property to which the application relates.

7I1

Whether the property is a dwelling or a mobile home.

8I1

Whether the mobile home qualifies as a dwelling for the purpose of payment of rates and the applicant is in lawful occupation of the mobile home.

9I1

Whether the applicant lives in the property as his only or main residence.

10I1

Whether the applicant –

(a)

has an owner’s interest in the property;

(b)

is a tenant of the property, or

(c)

occupies the property under a right of exclusive occupation granted for his life or for a period of more than five years.

11I1

Where the applicant is a tenant whether the owner is –

(a)

the Crown,

(b)

a government department (including a department of the Government of the United Kingdom),

(c)

the Executive, or

(d)

a registered housing association.

12I1

A description of the works.

13I1

Whether the works relate to means of escape from fire or other fire precautions.

14I1

Confirmation that the applicant has a duty or power to carry out the works.

15I1

The name and address of the person who will carry out the works.

16I1

An estimate of the cost to the applicant of the works.

17I1

Confirmation that the works are not, so far as the applicant is aware –

(a)

works for which a grant under Chapter II of Part III of the 2003 Order has been approved or for which an application for a grant is pending; or

(b)

works which are specified in a group repair scheme approved under Chapter III of that Part or prepared and awaiting approval.

18I1

Details of the amount or value of any home repair assistance given in respect of the property in the period of three years immediately preceding the date of application.

19I1

The signature of the applicant or his agent.

1I1

The Executive may give assistance in respect of the works set out in paragraphs 2 to 6.

2I1

Works of repair to a property –

(a)

which, at the time of the application, is included in a clearance area, within the meaning of Article 32 of the Order of 1981, or a re-development area, within the meaning of Chapter III of Part III of that Order, or

(b)

which the Executive intends to include in such a clearance area or a re-development area within the period of 12 months beginning on the date of the application.

3I1

Works for one or more of the purposes specified in Article 43(1) of the 2003 Order.

4I1

Works to adapt a property to enable an elderly or infirm person, who is not an owner or tenant of the property but who is or proposes to be resident in the property, to be cared for.

5I1

Works to a property occupied by a disabled person for one or more of the purposes mentioned in Article 54(1) of the 2003 Order.

6I1

Works for –

(a)

the replacement of –

(i)

the whole or part of a pipe which is made wholly or substantially of lead and which connects (directly or indirectly) to the main a tap which is used mainly for supplying water for drinking or cooking in a property, and

(ii)

any associated equipment,

by a pipe and any associated equipment not made of lead, which will connect that tap directly or where that is not practicable, indirectly to the main, and

(b)

the replacement of the electrical earthing arrangements of that property where these use such a lead pipe which is being replaced in the circumstances described in sub-paragraph (a).

7I1

For the purposes of paragraph 6, a pipe connects directly to the main if the water at the tap is subject to water pressure from the main, or would be so subject but for the closing of a valve.

1I1

As soon as practicable after receiving an application, and in any case within six months from the receipt of the application, the Executive shall by notice in writing inform the applicant whether or not it proposes to give assistance.

2I1

If the Executive proposes to give assistance, it shall state the nature and value of any materials it intends to provide and the amount of any grant it intends to make.

3I1

If the Executive does not propose to give any assistance, it shall inform the applicant of its reasons for not doing so.

4I1

The Executive shall carry out such inspections of the works or obtain such certificates from the persons carrying them out as are necessary to ensure that they are carried out to a reasonable standard.

Explanatory note

(This note is not part of the Regulations.)

These Regulations deal with entitlement to home repair assistance under Chapter IV of Part III of the Housing (Northern Ireland) Order 2003, the manner of making an application for such assistance, the content of, and the procedure for dealing with, such applications.

Regulation 2 provides that the Executive shall not entertain an application unless it is satisfied that the applicant or his partner is in receipt of certain benefits. Applications made by persons who are elderly, disabled or infirm, as well as applications in respect of works to adapt a property to enable an elderly or infirm, person to be cared for, are exempt from this provision.

Regulation 3 provides that all applications are to be made in writing and are to contain the information specified in Schedule 1.

Regulation 4 provides that assistance may be given in materials or grant in respect of the works specified in Schedule 2.

Regulation 5 and Schedule 3 provide for the procedure for dealing with applications and for ensuring that the works are carried out to a reasonable standard.

Regulation 6 provides that the Regulations do not apply to applications made before 1st December 2003.

Regulation 7 revokes certain provisions with savings for transitional purposes.

Schedule 1 specifies the information to be provided on the application form and Schedule 2 the works that may qualify for assistance.

Schedule 3 also sets out the actions to be taken by the Executive when dealing with an application.