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The Housing Renewal Grants (Amendment) Regulations 1998

S.I. 1998/808 · Made 18 March 1998

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HOUSING, ENGLAND AND WALES

Made 18th March 1998

Laid before Parliament 23rd March 1998

Coming into force

other than for the purposes of regulations 8 and 9 13th April 1998

for the purposes of regulations 8 and 9 1st June 1998

The Secretary of State for the Environment, Transport and the Regions, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 30 and 146(1) and (2) of the Housing Grants, Construction and Regeneration Act 1996f1 and of all other powers enabling them in that behalf, and with the consent of the Treasury, hereby make the following Regulations—

Annotations to the whole text

Footnotes

f1

1996 c. 53.

Contents

  1. 1Citation and commencement
  2. 2Amendments
  3. 3Regulation 2
  4. 4Regulation 7
  5. 5Regulation 10
  6. 6Regulation 12
  7. 7Regulation 13
  8. 8Regulation 18
  9. 9Regulation 19
  10. 10Regulation 26
  11. 11Regulation 27
  12. 12Regulation 29
  13. 13Regulation 30
  14. 14Regulation 31
  15. 15Regulation 38
  16. 16Regulation 43
  17. 17Schedule 1
  18. 18Schedule 2
  19. 19Schedule 3
  20. 20Schedule 4
  21. 21Application
  22. Signature
  23. Explanatory note

1Citation and commencement

These Regulations may be cited as the Housing Renewal Grants (Amendment) Regulations 1998 and shall come into force—

(a)

other than for the purposes of regulations 8 and 9, on 13th April 1998; and

(b)

for the purposes of regulations 8 and 9, on 1st June 1998.

2Amendments

The Housing Renewal Grants Regulations 1996f1 are amended in accordance with regulations 3 to 20.

3Regulation 2

In regulation 2 (interpretation)—

(a)

after the definition of “invalid carriage or other vehicle”, insert—

  • ““the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996f1;”;

(b)

in the definition of “the McFarlane Trusts”, for “McFarlane” substitute “MacFarlane”; and

(c)

in the definition of “young person”, after “income support” insert “or income-based job seeker’s allowance”.

4Regulation 7

In regulation 7(6) (remunerative work), for “recepit” substitute “receipt”.

5Regulation 10

In regulation 10(2)f1 (the applicable amount) in sub-paragraph (a) after “in receipt” insert “(and entitled to be in receipt)”.

6Regulation 12

In regulation 12 (reduction in amount of grant)f1—

(a)

in paragraph (1)(a), for “18.17” substitute “17.39”;

(b)

in paragraph (1)(b), for “36.33” substitute “34.78”;

(c)

in paragraph (1)(c), for “145.32” substitute “139.13”;

(d)

in paragraph (1)(d), for “363.30” substitute “347.82”;

(e)

in paragraph (2)(a), for “10.67” substitute “10.40”;

(f)

in paragraph (2)(b), for “21.34” substitute “20.80”;

(g)

in paragraph (2)(c), for “85.35” substitute “83.22”; and

(h)

in paragraph (2)(d), for “213.38” substitute “208.04”.

7Regulation 13

In regulation 13(2)(a) (successive applications), for “grants” substitute “Grants”.

8Regulation 18

(1)

In regulation 18(1) (determination of income on a weekly basis), for “£60 per week”, substitute—

  • “whichever of the sums specified in paragraph (1A) applies in his case.”.

(2)

After regulation 18(1) insert—

“(1A)

The maximum deduction for the purposes of paragraph (1) is—

(a)

where the relevant person’s family includes only one child in respect of whom relevant child care charges are paid, £60 per week; and

(b)

where the relevant person’s family includes more than one child in respect of whom relevant child care charges are paid, £100 per week.”.

9Regulation 19

In regulation 19(4) (treatment of child care charges)f1, in the definition of “relevant child care charges”—

(a)

for the words from “who either is” to “his eleventh birthday” substitute “in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September (in any year) following that child’s twelfth birthday”; and

(b)

for the words from “who are aged 8” to “their eleventh birthday” substitute “in respect of the period beginning on their eighth birthday and ending on the day preceding the first Monday in September (in any year) following their twelfth birthday”.

10Regulation 26

In regulation 26(a) (earnings of self-employed earners), for “assissting” substitute “assisting”.

11Regulation 27

In regulation 27(8)(b)(ii) (determination of net-profit of self-employed earners), for “busines” substitute “business”.

12Regulation 29

In regulation 29(1) (determination of income other than earnings), for “(annuity treated as income)”, substitute “(capital treated as income)”.

13Regulation 30

For regulation 30 (annuity treated as income), substitute—

“Capital treated as income

30

The following shall be treated as income—

(a)

any payment received under an annuity; and

(b)

any Career Development Loan paid pursuant to section 2 of the Employment and Training Act 1973f1.”.

14Regulation 31

(1)

In regulation 31(2) (notional income), omit “or” at the end of sub-paragraph (b) and insert at the end of sub-paragraph (c)—

“; or

(d)

any sum to which paragraph 46 or 47 of Schedule 4 refers.”

(2)

In regulation 31(9) for “other than” to “the Fund” substitute “other than any of the payments referred to in paragraph (9A)”.

(3)

After regulation 31(9) insert—

“(9A)

The payments for the purposes of the exclusion in paragraph (9) are any payment of income—

(a)

made under any of the MacFarlane Trusts, the Independent Living Funds or the Fund,

(b)

made pursuant to section 19(1)(a) of the Coal Industry Act 1994f1 (concessionary coal), or

(c)

made pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation in an employment programme specified in regulation 75(1)(a)(ii)f2 of the Jobseeker’s Allowance Regulations or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations.”.

(4)

In regulation 31(10), at the end add “or to a service performed in connection with the relevant person’s participation in an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations”.

15Regulation 38

(1)

In regulation 38(2) (notional capital), omit “or” at the end of sub-paragraphs (a), (b) and (c) and at the end of sub-paragraph (d), insert—

“; or

(e)

any sum to which paragraph 46 or 47 of Schedule 4 refers.”

(2)

In regulation 38(3), after “the Fund” insert “or pursuant to section 2 of the Employment and Training Act 1973 in respect of a person’s participation in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations”.

16Regulation 43

In regulation 43(2)(f) (determination of grant income), for “£280”, substitute “£287”.

17Schedule 1

(1)

In paragraph 1 of Part 1 of Schedule 1f1 (applicable amounts: personal allowances), in the column headed “(2) Amount”—

(a)

in sub-paragraph (1)(a), for “£38.90” substitute “£39.85”;

(b)

in sub-paragraph (1)(b), for “£49.15” substitute “£50.35”;

(c)

in sub-paragraph (2)(a), for “£38.90” substitute “£39.85”;

(d)

in sub-paragraph (2)(b), for “£49.15” substitute “£50.35”;

(e)

in sub-paragraph (3)(a), for “£58.70” substitute “£60.10”; and

(f)

in sub-paragraph (3)(b), for “£77.15” substitute “£79.00”.

(2)

In paragraph 2 of Part I of Schedule 1f2 (applicable amounts: personal allowances), in the column headed “(2) Amount”—

(a)

in sub-paragraph (a) for “£16.90” substitute “£17.30”;

(b)

in sub-paragraph (b) for “£24.75” substitute “£25.35”; and

(c)

in sub-paragraph (c) for “£29.60” substitute “£30.30”.

(3)

For paragraph 3 of Part II of Schedule 1f3 (applicable amounts: family premiums), substitute—

“3

The amount for the purposes of regulations 14(c) and 15(d) in respect of a family of which at least one member is a child or young person shall be £11.05.”.

(4)

In paragraph 18 of Part IV of Schedule 1f4 (applicable amounts: amounts of premiums specified in Part III), in the column headed “Amount”—

(a)

in sub-paragraph (1)(a), for “£19.65” substitute “£20.10”;

(b)

in sub-paragraph (1)(b), for “£29.65” substitute “£30.35”;

(c)

in sub-paragraph (2)(a), for “£21.85” substitute “£22.35”;

(d)

in sub-paragraph (2)(b), for “£32.75” substitute “£33.55”;

(e)

in sub-paragraph (3)(a), for “£26.55” substitute “£27.20”;

(f)

in sub-paragraph (3)(b), for “£38.00” substitute “£38.90”;

(g)

in sub-paragraph (4)(a), for “£20.95” substitute “£21.45”;

(h)

in sub-paragraph (4)(b), for “£29.90” substitute “£30.60”;

(i)

in sub-paragraph (5)(a), for “£37.15” substitute “£38.50”;

(j)

in sub-paragraph (5)(b)(i), for “£37.15” substitute “£38.50”;

(k)

in sub-paragraph (5)(b)(ii), for “£74.30” substitute “£77.00”;

(l)

in sub-paragraph (6), for “£20.95” substitute “£21.45”; and

(m)

in sub-paragraph (7), for “£13.35” substitute “£13.65”.

18Schedule 2

For paragraph 4 of Schedule 2 (sums to be disregarded in the determination of earningsf1, substitute—

“4

In the case where the relevant person is a lone parent, £25.”.

19Schedule 3

(1)

In paragraph 10 of Schedule 3 (sums to be disregarded in the determination of income other than earnings), at the end, add “or section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992f1 (provision of financial assistance to students)”.

(2)

In paragraph 11 of Schedule 3—

(a)

after sub-paragraph (c) insert—

“(d)

any child care expenses reimbursed to the relevant person in respect of his participation in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations or in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations,”; and

(b)

for “under sub-paragraph (a), (b) or (c)” substitute “under any of sub-paragraphs (a) to (d)”.

(3)

At the end of Schedule 3, add—

“59

Any payment made under the Community Care (Direct Payments) Act 1996f2 or under section 12B of the Social Work (Scotland) Act 1968f3.

60
(1)

Any Career Development Loan paid to the relevant person pursuant to section 2 of the Employment and Training Act 1973f4 except to the extent that the loan has been applied for and paid in respect of living expenses for the period of education and training supported by that loan and those expenses relate to any one or more of the items specified in sub-paragraph (2).

(2)

The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the relevant person or, where the relevant person is a member of a family, any other member of his family, or any council tax or water charges for which that relevant person or member is liable.

(3)

For the purposes of this paragraph, “ordinary clothing or footwear” and “rent” have the same meaning as in regulation 31(14).

61

Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Voluntary Sector Option of the New Deal as specified in regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations or in the Environment Task Force Option of the New Deal as specified in regulation 75(1)(a)(ii)(cc) of those Regulations.

62

Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations.”.

20Schedule 4

(1)

In paragraphs 46 and 47 of Schedule 4 (capital to be disregarded), omit “under the age of 18” and, at the end of sub-paragraph (b), add “where the person concerned is under the age of 18”.

(2)

At the end of Schedule 4, add—

“52

Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Voluntary Sector Option of the New Deal as specified in regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations or in the Environment Task Force Option of the New Deal as specified in regulation 75(1)(a)(ii)(cc) of those Regulations but only for a period of 52 weeks from the date of receipt of the payment.

53

Any discretionary payment to meet, or to help meet, special needs made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in the Full-Time Education and Training Option of the New Deal as specified in regulation 75(1)(b)(ii) of the Jobseeker’s Allowance Regulations but only for a period of 52 weeks from the date of receipt of the payment.”.

21Application

(1)

An amendment made by these Regulations shall not have effect in relation to applications for grant made before that amendment came into force.

(2)

The amendment made by regulation 17(3) to paragraph 3 of Part II of Schedule 1 to the Housing Renewal Grants Regulations 1996 (applicable amounts: family premiums) shall not have effect in a case where—

(a)

the relevant person was a lone parent throughout the period starting on 5th April 1998 and ending on the date the application is made; and

(b)

no premium is applicable under paragraph 8, 9, 10 or 11 of that Schedule,

and, in such a case, for paragraph 3 of that Schedule there shall be substituted—

“3

Where the relevant person is a lone parent and no premium is applicable under paragraphs 8, 9, 10 or 11, £22.05.”.

(3)

In paragraph (2), “lone parent” and “relevant person” have the same meaning as in the Housing Renewal Grants Regulations 1996.

Signature

Signed by authority of the Secretary of State

Nick Raynsford

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

5th March 1998

Signed by authority of the Secretary of State for Wales

Win Griffiths

Parliamentary Under-Secretary of State, Welsh Office

9th March 1998

We consent,

Graham Allen

Jim Dowd

Two of the Lords Commissioners of Her Majesty’s Treasury

18th March 1998

Explanatory note

(This note is not part of the Regulations)

These Regulations amend Part II of the Housing Renewal Grants Regulations 1996. Part II of the 1996 Regulations sets out a means test for determining the amount of renovation grant and disabled facilities grant which may be paid by local authorities to owner-occupier and tenant applicants under Chapter I of Part I of the Housing Grants, Construction and Regeneration Act 1996 (a test which is also applied to tenant participants in a tenants' application for common parts grant by section 32(5) of that Act). The amendments reflect recent changes in the housing benefit rules, upon which the means test in the 1996 Regulations is based, and make minor and drafting changes.

Regulations 3, 4, 7, 10 and 11 correct typographical errors and omissions.

Regulation 5 amends the definition of the applicable amount for cases where a person is in receipt of income support or an income-based job-seeker’s allowance.

Regulations 8 and 9 increase the maximum deduction for relevant child care charges to £100 per week where charges are paid in respect of more than one child and increase from 11 to 12 years the age of a child in respect of whom charges may be deducted.

Regulation 13 provides that a Career Development Loan shall be treated as income for the purposes of determining income other than earnings (and regulation 10 makes an amendment consequential on this).

Regulation 14 provides for the following to be excluded from a person’s notional income—

  • certain compensation payments made to minors;

  • coal compensation payments;

  • certain payments made to providers under the New Deal.

Regulation 15 provides for the following to be excluded from a person’s notional capital—

  • certain compensation payments made to minors;

  • certain payments made to providers under the New Deal.

Regulation 16 increases the sum to be disregarded from a student’s grant income in respect of the cost of books and equipment.

Regulation 17 uprates the applicable amounts and premiums in Schedule 1 to the 1996 Regulations and removes the higher family premium applicable to a lone parent, subject to transitional provisions.

Regulation 18 provides for the sum of £25 to be disregarded in the calculation of the earnings of a lone parent.

Regulation 19 provides for the following to be disregarded in the calculation of a person’s income other than earnings—

  • certain payments made under the Further and Higher Education (Scotland) Act 1992, the Community Care (Direct Payments) Act 1996, the Social Work (Scotland) Act 1992 and the Employment and Training Act 1973; and

  • certain payments made to New Deal participants.

Regulation 20 provides for certain payments of compensation to be disregarded for the purposes of calculating a person’s capital irrespective of whether the person is a minor and for certain payments made to New Deal participants also to be disregarded.

Regulation 21 contains transitional provisions.