The Housing Grants (Assessment of Contributions) (Scotland) Amendment Regulations 2004

These Regulations may be cited as the Housing Grants (Assessment of Contributions) (Scotland) Amendment Regulations 2004 and shall come into force the day after the day on which they are made.

The Housing Grants (Assessment of Contributions) (Scotland) Regulations 2003^f1 are amended in accordance with regulations 3 to 13 below.

In regulation 2(1) (interpretation) insert the following definitions at the appropriate alphabetical places:–

• ““the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with the trust provisions;”;

• ““the Skipton Fund” means the ex gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme provisions;”; and

• ““the variant Creutzfeld Jakob Trusts” means the–

  1. (a)

     vCJD First Interim Trust created by trust deed dated 10th April 2001 and made by Stephen John Irwin QC and Justin Francis Quintus Fenwick QC;

  2. (b)

     vCJD Second Interim Trust created by trust deed dated 11th December 2001 and made by Sir Robert Owen and Stephen John Irwin QC and Justin Francis Quintus Fenwick QC; and

  3. (c)

     vCJD Main Trust created by trust deed dated 15th March 2002 out of funds provided by the Secretary of State, in respect of persons who suffered, or who are suffering, from variant Creutzfeld Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;”.

In regulation 13(5) (determination of net profit of self-employed earners) for “(2)” substitute “(3)”.

In regulation 14(1) (deduction of tax and contributions for self employed earners)–

In regulation 15 (determination of income other than earnings) omit “, for the purpose of regulation 6,”.

In regulation 18 (determination of income from capital and investments)–

In each of regulations 19, 20, 21(1) and 23 omit “, for the purposes of regulation 6 and this regulation,”.

In regulation 22(1) (determination of income from rent) omit “, for the purposes of regulation 6,”.

In regulation 23 (determination of other payments as income) omit paragraph (b).

After regulation 23 insert–

“23A.

Any periodic payments of income, other than a payment of income made under any of the McFarlane Trusts, the Eileen Trust, the Skipton Fund, the variant Creutzfeld Jakob Trusts, the Independent Living Funds or the Fund, made–

(a)

to a third party in respect of a relevant person to the extent that it is used for the food, ordinary clothing or footwear, household fuel or rent of the relevant person or the relevant person’s family;

(b)

to a relevant person or member of the relevant person’s family in respect of a third party, to the extent that it is kept or used by the relevant person or used on behalf of the relevant person’s family,

shall be taken into account as income of the relevant person.”.

In regulation 25(3) (allowable deductions for mortgage or rent) for “For the purposes of the case referred to in paragraph 1(b), the” substitute “A”.

In regulation 28 (interpretation), in the definition of “refurbishment scheme” for “33(d)” substitute “33(2)(d)”.

(This note is not part of the Regulations)