Housing Renovation etc. Grants (Reduction of Grant) (Amendment) Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/838 |
| Year | 1995 |
1995 No. 838
HOUSING, ENGLAND AND WALES
The Housing Renovation etc. Grants (Reduction of Grant) (Amendment) Regulations 1995
Made 20th March 1995
Laid before Parliament 24th March 1995
Coming into force 17th April 1995
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 109, 137(2) and 190(1) of the Local Government and Housing Act 19891and of all other powers enabling them in that behalf, and with the consent of the Treasury, hereby make the following Regulations—
Citation and commencement
1.—(1) These Regulations may be cited as the Housing Renovation etc. Grants (Reduction of Grant) (Amendment) Regulations 1995 and shall come into force on 17th April 1995.
(2) In these Regulations—
(a)
(a) “the principal Regulations” means the Housing Renovation etc. Grants (Reduction of Grant) Regulations 19942; and
(b)
(b) “the 1992 Act” means the Social Security Contributions and Benefits Act 19923.
Amendments
2.—(1) The principal Regulations shall be amended in accordance with this Regulation.
(2) In regulation 2(1) (interpretation)—
(a)
(a) at the end of the definition of “employed earner”, insert “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 pay4”;
(b)
(b) insert in the appropriate places—
““charity” has the meaning given by section 96 of the Charities Act 19935, and “charitable body” shall be construed accordingly;”;
““incapacity benefit” means long–term incapacity benefit or short–term incapacity benefit under Part II of the 1992 Act6;”;
““long–term incapacity benefit” means long–term incapacity benefit under Part II of the 1992 Act;”;
““short–term incapacity benefit” means short–term incapacity benefit under Part II of the 1992 Act;”;
““statutory maternity pay” means statutory maternity pay under Part XII of the 1992 Act; “statutory sick pay” means statutory sick pay under Part XI of the 1992 Act;”; and
““voluntary organisation” has the meaning given by section 105(1) of the Children Act 19897;”.
(3) In regulation 4(2)(f) (definition of non–dependant) for “voluntary body (other than a public or local authority)”, and in regulation 28(4) (notional income) and paragraph 2 of Schedule 3 (sums to be disregarded in determining income other than earnings), for “voluntary body” substitute “voluntary organisation”.
(4) In regulation 10 (reduction in amount of grant)—
(a)
(a) in sub–paragraph 10(1)(a), for “17.76” substitute “17.23”;
(b)
(b) in sub–paragraph 10(1)(b), for “35.52” substitute “34.46”;
(c)
(c) in sub–paragraph 10(1)(c), for “142.06” substitute “137.84”;
(d)
(d) in sub–paragraph 10(1)(d), for “355.15” substitute “344.61”;
(e)
(e) in sub–paragraph 10(2)(a), for “10.51” substitute “10.34”;
(f)
(f) in sub–paragraph 10(2)(b), for “21.02” substitute “20.69”;
(g)
(g) in sub–paragraph 10(2)(c), for “84.09” substitute “82.76”; and
(h)
(h) in sub–paragraph 10(2)(d), for “210.23” substitute “206.89”.
(5) In regulation 11(2)(a) (successive applications), after “by virtue of regulation 10 and this regulation” insert “or regulations 10 and 11 of the Housing Renovation etc. Grants (Reduction of Grant) Regulations 19908”.
(6) In regulation 16 (determination of income on a weekly basis)—
(a)
(a) at the end of paragraph (1) add—
“,and
by then deductung the average weekly relevant child care charge, determined in accordance with regulation 16A (treatment of child care charges), up to a maximum deduction in respect of the relevant person’s family of £40 per week.”; and
(b)
(b) in paragraph (2), after “28 (notional income)” insert “, 40 (determination of grant income)”.
(7) After regulation 16 (determination of income on a weekly basis) insert—
“Treatment of child care charges
16A.—(1) This regulation applies where a relevant person has incurred relevant child care charges and—
(a)
(a) is a lone parent and is engaged in remunerative work;
(b)
(b) is a member of a couple both of whom are engaged in remunerative work; or
(c)
(c) is a member of a couple where one member is engaged in remunerative work and the other member is incapacitated.
(2) Relevant child care charges shall be determined over such period, not exceeding a year, as is appropriate in order that the average weekly charge may be estimated accurately having regard to information as to the amount of the charge provided by the child minder or person providing the care.
(3) For the purposes of paragraph (1)(c) the other member of a couple is incapacitated where—
(a)
(a) the relevant person’s applicable amount includes—
(i) a disability premium; or
(ii) a higher pensioner premium by virtue of the satisfaction of paragraph 10(2)(b) of Schedule 1;
on account of the other member’s incapacity;
(b)
(b) the relevant person’s applicable amount would include a disability premium or a higher pensioner premium on account of the other member’s incapacity, but for that other member being treated as capable of work by virtue of a determination made in accordance with regulations9made under section 171E of the 1992 Act10(incapacity for work: disqualification, etc.);
(c)
(c) the relevant person (within the meaning of regulation 3) is or is treated as incapable of work, and has been so incapable or has been so treated as incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the 1992 Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;
(d)
(d) there is payable in respect of him one or more of the following—
(i) long–term incapacity benefit, or short–term incapacity benefit at the higher rate, under Schedule 4 to the 1992 Act11(rates of benefits, etc.);
(ii) attendance allowance under section 64 of that Act (entitlement to an attendance allowance);
(iii) severe disablement allowance under section 68 of that Act12(severe disablement allowance: entitlement and rate);
(iv) disability living allowance under section 71 of that Act (disability living allowance);
(v) increase of disablement pension under section 104 of that Act (increase where constant attendance needed);
(vi) a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under paragraph (ii), (iv) or (v) above;
(e)
(e) a pension or allowance to which paragraph (ii), (iv), (v) or (vi) of sub– paragraph (d) refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient within the meaning of regulation 18(2) of the Housing Benefit (General) Regulations 198713(patients);
(f)
(f) sub–paragraph (d) or (e) would apply to him if the legislative provisions referred to in those sub–paragraphs were provisions under any correspond– ing enactment having effect in Northern Ireland14; or
(g)
(g) he has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 197715(provision of vehicles for those suffering disability) or under section 46 of the National Health Service (Scotland) Act 197816(provision of vehicles for persons suffering from physical defect or disability) or provided by the Department of Health and Social Services for Northern Ireland under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 197217(provision of vehicles for persons suffering from physical defect or disability).
(4) In this regulation—
“Crown property” means property held by Her Majesty in right of the Crown or by a government department or which is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest held by Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;
“local authority” means, in relation to England and Wales, the council of a county or district, a metropolitan district, a London Borough, the Common Council of the City of London or the Council of the Isles of Scilly or, in relation to Scotland, a regional, islands or district council;
“relevant child care charges” means the charges paid by the relevant person for care provided for any child of the relevant person’s family who is under the age of 11 years, other than charges paid in respect of the child’s compulsory education, where the care is provided—
(a) by persons registered under section 71 of the Children Act 198918(registration of child minders and persons providing day care for young children);
(b) for children aged 8 and over but under 11, out of school hours, by a school on school premises or by a local authority; or
(c) by a child care scheme operating on Crown property where registration under section 71 of the Children Act 1989 is not required;
and shall be determined on a weekly basis in accordance with paragraph (2).”.
(8) In regulation 18 (average weekly earnings of self–employed earners), for the words “over such period” to the end substitute “over the period of 52 weeks immediately preceding the application or, where his earnings from such employment fluctuate, over such other lesser period immediately preceding the application as may enable his average weekly earnings to be determined more accurately.”.
(9) For regulation 19 (average weekly income other than earnings), for the words “such period not exceeding” to the end substitute “the period of 52 weeks immediately preceding the application or, where such income fluctuates, over such other lesser period immediately preceding the application as may enable his average weekly income to be determined more...
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