Regulation 6 Modifications to the Housing Renewal Grants Regulations

(1)

The modifications to the Housing Renewal Grants Regulations 1996 referred to in regulation 5 are as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

in the definition of “application”, for “an application within section 30(1), other than a landlord’s application for a disabled facilities grant”, substitute “an application within section 132 of the Act”;

(b)

after the definition of “occupational pension”, insert ““original dwelling” has the same meaning as in section 133 of the Act;”; and

(c)

after the definition of “polygamous marriage”, insert ““qualifying dwelling” has the meaning given in section 133(2) of the Act;”

(3)

Omit regulations 3 (persons from abroad) and 4 (landlords applications: power for local housing authorities to obtain information from pension fund holders).

(4)

For—

“PART II

MEANS TEST FOR OWNER-OCCUPIER'S AND TENANT'S APPLICATIONS”

substitute—

“PART II

MEANS TEST”.

(5)

In regulation 5 (definition of relevant person)—

(a)

for paragraph (1), substitute—

“(1)

Subject to paragraph (3), in respect of any one application, a relevant person is any person who—

(a)

is an applicant, or

(b)

is not an applicant but is entitled to make the application and intends to live in the qualifying dwelling to which the application relates,

provided that a young person shall not be a relevant person except where he is the only applicant.”;

(b)

omit paragraph (2); and

(c)

in paragraph (3), omit “, or any of sub-paragraphs (a), (b) and (c) of paragraph (2),”.

(6)

In regulation 12 (reduction in amount of grant)—

(a)

in paragraph (1), omit “which is accompanied by an owner-occupation certificate”;

(b)

omit paragraph (2).

(7)

Omit regulation 13 (successive applications).

(8)

In regulation 3 1 (notional income)—

(a)

omit paragraph (11); and

(b)

in paragraph (12), omit “and (11)”.

(9)

In regulation 40(1) (determination of tariff income from capital), for “£5,000” in both places where it occurs, substitute “£3,000”.

(10)

Omit regulation 48 (application of regulations).

(11)

In Schedule 4 (capital to be disregarded)—

(a)

for paragraph 1, substitute—

“1

Any amount payable under section 37^f1 of the Land Compensation Act 1973 to the relevant person in respect of the original dwelling to which the application relates.”; and

(b)

in paragraph 4(1)—

(a)

after “the proceeds of sale of” insert “, or any amount payable pursuant to section 290 of the Housing Act 1985 or section 154 of the Town and Country Planning Act 1990 or under section 29 of the Land Compensation Act 1973 in respect of the acquisition of,”; and

(b)

in sub-paragraph (a), for “dwelling or building” substitute “qualifying dwelling”; and

(c)

in sub-paragraph (b), for “that”, substitute “the qualifying dwelling”.

Annotations

Footnotes

f1: Section 37 was amended by the Land Compensation (Scotland) Act 1973, section 81(1) and Schedule 2, the Housing Act 1974, Schedule 13, the Housing Rents and Subsidies Act 1975, Schedule 5, the Housing (Consequential Provisions) Act 1985, Schedule 1 and paragraph 23 of Schedule 2, the Local Government and Housing Act 1989, paragraph 31 of Schedule 11 and Schedule 12 and the Housing Act 1996 (Consequential Provisions) Order 1996, paragraph 3 of Schedule 2.