Housing Renewal Grants Regulations 1996

1996 No. 2890

HOUSING, ENGLAND AND WALES

The Housing Renewal Grants Regulations 1996

Made 20th November 1996

Laid before Parliament 26th November 1996

Coming into force 17th December 1996

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by sections 3(3) and (4), 30, 31(5) and 146(1) and (2) of the Housing Grants, Construction and Regeneration Act 19961and of all other powers enabling them in that behalf, and with the consent of the Treasury, hereby make the following Regulations:—

GENERAL

PART I

GENERAL

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Housing Renewal Grants Regulations 1996 and shall come into force on 17th December 1996.

Interpretation
S-2 Interpretation

Interpretation

2.—(1) In these Regulations,—

“the Act” means the Housing Grants, Construction and Regeneration Act 1996;

“the 1989 Act” means the Local Government and Housing Act 19892;

“the 1992 Act” means the Social Security Contributions and Benefits Act 19923;

“application”, without more, means an application within section 30(1), other than a landlord’s application for a disabled facilities grant; and “applicant” shall be construed accordingly;

“assessment period” means such period as is prescribed in regulations 20 to 22 over which income falls to be determined;

“attendance allowance” means—

(a) an attendance allowance under Part III of the 1992 Act;

(b) an increase of disablement pension under section 104 of that Act;

(c) a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Part II of Schedule 8 to that Act (constant attendance allowance);

(d) an increase of an allowance which is payable in respect of constant attendance under a scheme under, or having effect under, paragraph 4 of Part I of Schedule 8 to that Act4(industrial diseases benefit schemes);

(e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 19835or any analogous payment;

(f) any payment based on need for attendance which is paid as part of a war disablement pension;

“charity” has the meaning given by section 96 of the Charities Act 19936, and “charitable body” shall be construed accordingly;

“child” means a person under the age of 16;

“child benefit” means child benefit under Part IX of the 1992 Act;

“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;

“community charge benefits” means community charge benefits under Part VII of the 1992 Act;

“concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the 1992 Act are charged;

“council tax benefit” means council tax benefit under Part VII of the 1992 Act as amended by the Local Government and Finance Act 1992 (c. 14), section 103 and Schedule 9;

“disability living allowance” means a disability living allowance under Part III of the 1992 Act;

“disability working allowance” means a disability working allowance under section 123 of that Act;

“earnings” has the meaning given by regulation 24 or, as the case may be, 26;

“earnings top-up” means the allowance paid by the Secretary of State under the Earnings Top-up Scheme;

“the Earnings Top-up Scheme” means the Earnings Top-up Scheme 19967;

“employed earner” shall be construed in accordance with section 2(1)(a) of the 1992 Act and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay8;

“family” means—

(a) a married or unmarried couple;

(b) a married or unmarried couple and a member of the same household for whom one of them is or both are responsible and who is a child or a young person;

(c) a person who is not a member of a married or unmarried couple and a member of the same household for whom that person is responsible and who is a child or a young person;

“the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992, or, or in Scotland, on 10th April 1992;

“health authority” means a health authority under section 8 of the National Health Service Act 19779;

“housing benefit” means housing benefit under Part VII of the 1992 Act;

“incapacity benefit” means long-term incapacity benefit or short-term incapacity benefit under Part II of the 1992 Act;

“income-based jobseeker’s allowance” means an income-based jobseeker’s allowance within section 1(4) of the Jobseekers Act 199510;

“income-related benefit” means any benefit to which section 123 of the 1992 Act refers;

“income support” means income support under Part VII of that Act;

“the Independent Living (Extension) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living Fund” means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;

“the Independent Living (1993) Fund” means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State for Social Security of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

“the Independent Living Funds” means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;

“invalid carriage or other vehicle” means a vehicle propelled by petrol engine or electric power supplied for use on the road and to be controlled by the occupant;

“local authority” and “local housing authority”, in relation to England and Wales, have the same meaning as in the Housing Act 1985; and “local authority”, in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 199411;

“lone parent” means a person who has no partner and who is responsible for and a member of the same household as a child or young person;

“long-term incapacity benefit” means long-term incapacity benefit under Part II of the 1992 Act;

“lower rate” where it relates to rates of tax has the same meaning as in the Income and Corporation Taxes Act 1988 by virtue of section 832(1) of that Act12;

“the MacFarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

“the MacFarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990, partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;

“the MacFarlane (Special Payments) (No.2) Trust” means the trust of that name, established on 3rd May 1991, partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

“the McFarlane Trusts” means the MacFarlane Trust, the MacFarlane (Special Payments) Trust and the MacFarlane (Special Payments) (No. 2) Trust;

“married couple” means a man and a woman who are married to each other and are members of the same household;

“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part VIII of the Employment Rights Act 199613;

“member of a couple” means a member of a married or unmarried couple;

“mobility supplement” means a supplement to which paragraph 7 of Schedule 3 refers;

“net earnings” means such earnings as are determined in accordance with regulation 25;

“net profit” means such profit as is determined in accordance with regulation 27;

“non-dependant” has the meaning given by regulation 6;

“occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

“partner” means—

(a) where a person is a member of a married or unmarried couple, the other member of that couple; or

(b) where a person is polygamously married to two or more members of his household, any such member;

“payment” includes part of a payment;

“pension fund holder” means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;

“personal pension scheme” has the same meaning as in section 1 of the Pension Schemes Act 199314and, in the case of a self-employed earner, includes a scheme approved by the Board of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 198815;

“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a...

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