Housing Renewal Grants Regulations 1996

JurisdictionUK Non-devolved
CitationSI 1996/2890

1996No. 2890

HOUSING, ENGLAND AND WALES

The Housing Renewal Grants Regulations 1996

20thNovember1996

26thNovember1996

17thDecember1996

ARRANGEMENT OF REGULATIONS

PART I

GENERAL

1. Citation and commencement

2. Interpretation

3. Persons from abroad

4. Landlord's applications: power for local housing authorities to obtain information from pension fund holders

PART II

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

Chapter I: General

5. Definition of relevant person

6. Definition of non-dependant

7. Remunerative work

8. Circumstances in which a person is to be treated as responsible or not responsible for another

9. Circumstances in which a person is to be treated as being or not being a member of the household

10. The applicable amount

11. Financial resources

Chapter II: Reduction in amount of grant

12. Reduction in amount of grant

13. Successive applications

Chapter III: Applicable amounts

14. Applicable amounts

15. Polygamous marriages

Chapter IV: Income and Capital: General

16. Income and capital of relevant person

17. Determination of income and capital of members of relevant person's family and of a polygamous marriage

Chapter V: Income

18. Determination of income on a weekly basis

19. Treatment of child care charges

20. Average weekly earnings of employed earners

21. Average weekly earnings of self-employed earners

22. Average weekly income other than earnings

23. Determination of weekly income

Chapter VI: Employed Earners

24. Earnings of employed earners

25. Determination of net earnings of employed earners

Chapter VII: Self-employed Earners

26. Earnings of self-employed earners

27. Determination of net profit of self-employed earners

28. Deduction of tax and contributions for self-employed earners

Chapter VIII: Other Income

29. Determination of income other than earnings

30. Annuity treated as income

31. Notional income

32. Modifications in respect of children and young persons

Chapter IX: Capital

33. Determination of capital

34. Disregard of capital of child or young person

35. Income treated as capital

36. Determination of capital in the United Kingdom

37. Determination of capital outside the United Kingdom

38. Notional capital

39. Capital jointly held

40. Determination of tariff income from capital

Chapter X: Students

41. Interpretation

42. Treatment of students

43. Determination of grant income

44. Relationship with amounts to be disregarded under Schedule 3

45. Other amounts to be disregarded

46. Treatment of student loans

47. Disregard of contribution

Chapter XI: Application

48. Application of Regulations

SCHEDULES

1. Applicable amounts

2. Sums to be disregarded in the determination of earnings

3. Sums to be disregarded in the determination of income other than earnings

4. Capital to be disregarded

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 1996 ( a) and of all other powers enabling them in that behalf, and with the consent of the Treasury, hereby make the following Regulations:-

PART I

GENERAL

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

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 1989 ( b);

"the 1992 Act" means the Social Security Contributions and Benefits Act 1992 ( c);

"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;

(a) 1996 c.53.

(b) 1989 c.42.

(c) 1992 c.4.

"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 Act ( a)(industrial diseases benefit schemes);(e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 ( b) or 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 1993 ( c), 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 1996 ( d);

"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 pay ( e);

(a) See section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 (c.16) which was repealed, with savings, by the Social Security (Consequential Provisions) Act 1992 (c.6).

(b) S.I. 1983/686; relevant amending instruments are S.I. 1983/1164 and 1984/1675.

(c) 1993 c.10.

(d) This Scheme, which applies only in certain areas of Great Britain, is an extra-statutory Scheme introduced by the Secretary of State for Social Security having effect on 8th October 1996. Copies of the Rules of the Scheme may be obtained from the Customer Services Manager, Earnings Top-up, Norcross, Blackpool FY5 3TA and will be available for inspection at the Department of Social Security, 9th Floor Adelphi, 1-11 John Adam Street, London WC2N 6HT and offices of the Benefits Agency and Employment Job Centres which serve the areas specified in Schedule 1 to the Scheme.

(e) See the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7), Parts XI and XII.

"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 in Scotland, on 10th April 1992;

"health authority" means a health authority under section 8 of the National Health Service Act 1977 ( a);

"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 1995 ( b);

"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"...

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