Housing Renovation etc. Grants (Reduction of Grant) (Amendment) Regulations (Northern Ireland) 2003

Citation and commencement

1.  These Regulations may be cited as the Housing Renovation etc. Grants (Reduction of Grant) (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 19th May 2003.

Amendments

2.  The Housing Renovation etc. Grants (Reduction of Grant) Regulations (Northern Ireland) 1997(1) are amended in accordance with regulations 3 to 18.

Regulation 2

3.  In regulation 2(1) (interpretation) –

(a) in paragraph (b) of the definition of “attendance allowance”, after “104” insert “or 105”;

(b) in the definition of “income-based jobseeker’s allowance”, for “means an income-based jobseeker’s allowance within” substitute “and “a joint-claim jobseeker’s allowance” have the same meaning as they have in”;

(c) omit the definition of the “intensive activity period (New Deal) programme”;

(d) after the definition of “net profit” insert the following definition –

““the New Deal Options” means the employment programmes specified in regulation 75(1)(a)(i) of the Jobseeker’s Allowance Regulations(2) and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;”.

(e) after the definition of “polygamous marriage” insert the following definitions –

““Preparation for Employment Programme” means the programme known by that name as defined for the purposes of the Jobseeker’s Allowance Regulations in regulation 75(i)(a)(v)(3) of those Regulations;

“Preparation for Employment Programme for 50 plus” means the programme known by that name as defined for the purposes of the Jobseeker’s Allowance Regulations in regulation 1(2)(4) of those Regulations;”

Regulation 6

4.  In paragraph (6A) of regulation 6 (remunerative work)(5), for “the intensive activity period (New Deal) programme” substitute “the Preparation for Employment Programme”.

Regulation 8

5.  In regulation 8 (circumstances in which a person is to be treated as being or not being a member of the household) –

(a) in paragraph (3), for “A child” substitute “Subject to paragraph (3A), a child”;

(b) after paragraph (3) insert –

“(3A) Paragraph (3) shall not apply in any case where a child or young person –

(a) has been placed with the relevant person or his partner by a Health and Social Services Board under Article 27(2)(a) of the Children (Northern Ireland) Order 1995(6), and

(b) in accordance with regulation 7(2)(a) is to be treated for the purposes of paragraph (1) of that regulation as normally living with the relevant person or his partner.”.

Regulation 9

6.  In paragraph (1) of regulation 9 (the applicable amount)(7), in sub-paragraph (b), for “£51·60” substitute “£52·27” and for “£67·08” substitute “£67·95”.

Regulation 11

7.  In regulation 11 (reduction in amount of grant)(8) –

(a) in paragraph (a)(i), for “18·10” substitute “19·97”;

(b) in paragraph (a)(ii), for “36·20” substitute “39·94”;

(c) in paragraph (a)(iii), for “144·82” substitute “159·76”;

(d) in paragraph (a)(iv), for “362·04” substitute “399·41”;

(e) in paragraph (b)(i), for “10·65” substitute “11·27”;

(f) in paragraph (b)(ii), for “21·29” substitute “22·53”;

(g) in paragraph (b)(iii), for “85·18” substitute “90·13”;

(h) in paragraph (b)(iv), for “212·95” substitute “225·32”.

Regulation 13

8.  In paragraph (b) of regulation 13 (applicable amounts), for “£5,000” substitute “£6,000”.

Regulation 17

9.  In paragraph (1A)(9) of regulation 17 (determination of income on a weekly basis) –

(a) in sub-paragraph (a), for “£70” substitute “£94·50”; and

(b) in sub-paragraph (b), for “£105” substitute “£140”.

Regulation 18

10.  In regulation 18 (treatment of child care charges) –

(a) in paragraph (7)(e)(10), for “Education and Employment” substitute “Health”.

(b) after paragraph (8) insert –

“(9) (a) For the purposes of paragraph (1) a woman on maternity leave shall be treated as if she is engaged in remunerative work for the period specified in sub-paragraph (b) (“the relevant period”) provided that –

(i) in the week before the period of maternity leave began she was in remunerative work;

(ii) the relevant person incurred relevant child care charges in that week; and

(iii) she is entitled to either statutory maternity pay under section 160 of the 1992 Act or maternity allowance under section 35 of that Act;

(b) for the purposes of sub-paragraph (a) the relevant period shall begin on the day on which the woman’s maternity leave commences and shall end on –

(i) the date that leave ends;

(ii) if no tax credit is in payment on the date that entitlement to maternity allowance or statutory maternity pay ends, the date that entitlement ends; or

(iii) if a tax credit is in payment on the date that entitlement to maternity allowance or statutory maternity pay ends, the date that entitlement to that award of the tax credit ends,

whichever shall occur first;

(c) in this paragraph “tax credit” means either working families tax credit or a disabled person’s tax credit provided that a childcare tax credit under either regulation 46(1)(c) of the Family Credit (General) Regulations (Northern Ireland) 1987(11) or, as the case may be, regulation 51(1)(aa) of the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(12) forms part of the entitlement to either of those credits.

(10) Where paragraph (9) applies to a woman on maternity leave any child care charges in respect of the child to whom the maternity leave relates shall not be treated as relevant child care charges for the purposes of this regulation and regulation 17.”.

Regulation 30

11.  In regulation 30 (notional income) –

(a) in paragraph (6A)(13) –

(i) after sub-paragraph (c)(ii) insert –

“(iia) in the Preparation for Employment Programme or the Preparation for Employment Programme for 50 plus; or”;

(ii) omit sub-paragraph (c)(iv).

(b) in paragraph (7A)(14) –

(i) at the end of sub-paragraph (b)(i) add –

“, other than where the service is performed in connection with the claimant’s participation in the Preparation for Employment Programme or the Preparation for Employment Programme for 50 plus; or”;

(ii) omit sub-paragraph (b)(ii).

Regulation 37

12.  In paragraph (3A)(15) of regulation 37 (notional capital) –

(a) after sub-paragraph (b)(ii) insert –

“(iia) in the Preparation for Employment Programme or the Preparation for Employment Programme for 50 plus; or”;

(b) omit sub-paragraph (b)(iv).

Regulation 40

13.  In regulation 40 (interpretation)(16) –

(a) immediately before the definition of “access funds” insert –

““academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course shall be considered to begin in the autumn rather than the summer;”;

(b) in the definition of “access funds”(17) –

(i) in paragraph (b), for “and described as “access bursary funds” or “hardship funds” ” substitute “for the purpose of providing funds on a discretionary basis to be paid to students”;

(ii) after paragraph (c) add –

“or

(d) discretionary payments, known as “learner support funds”, which are made available to students in further education by institutions out of funds provided by the Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000(18);”;

(c) in the definition of “contribution”(19) –

(i) after “Secretary of State” in the first place where those words appear, insert “, the Scottish Ministers”;

(ii) for “Secretary of State” in the other two places where those words appear, substitute “Scottish Ministers”;

(d) at the end of the definition of “student loan”(20) add “and shall include, in Scotland, a young student’s bursary paid under regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999(21)”;

(e) omit the definition of “year”.

Regulation 42

14.  In regulation 42 (determination of grant income)(22) –

(a) in paragraph (3)(a)(23), for “£255” substitute “£260”;

(b) for paragraph (3)(b) substitute –

“(b) the sum of £319 towards the costs of books and equipment,”;

(c) after paragraph (3) insert –

“(3A) There shall also be excluded from a student’s grant income –

(a) any grant of £250 for an only or eldest dependent child payable under regulation 15(1)(c) of the Education (Student Support) Regulations (Northern Ireland) 2001(24);

(b) any grant of £500 in respect of expenditure on travel, books and equipment for the purpose of attending his course which is payable under regulation 15(8) of the Education (Student Support) Regulations (Northern Ireland) 2001;

(c) any grant for child care costs payable under regulation 16 of the Education (Student Support) Regulations (Northern Ireland) 2001(25);

(d) any grant in respect of a lone parent’s child care costs which is payable under regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999 and which is specified as such on the student’s award notice.”;

(d) in paragraph (5)(26), after “Any” insert “amount paid in respect of dependants under Article 44(2) of the Health and Personal Social Services (Northern Ireland) Order 1972(27) (defrayment of, or contribution towards, the cost of maintenance of employees etc. undergoing training) and any”.

Regulation 45

15.  In regulation 45 (treatment of student loans)(28) –

(a) for paragraph (1A) substitute –

“(1A) For the purposes of paragraph (1) “hardship loan” means a loan made under regulation 22 of the Education (Student Support) Regulations (Northern Ireland) 2001, regulation 21 of the Education (Student Support) (No. 2) Regulations 2002(29) or regulation 12 of the Education (Student Loans) (Scotland) Regulations 2000(30).”;

(b) in paragraph (2)(31), after paragraph (a) insert –

“(aa) in respect of an academic year of a course which starts other than on 1st September, a loan which is payable in respect of that academic year shall be apportioned equally between the weeks in the period beginning with the benefit week immediately following that which includes the first day of that academic year and ending with the benefit week which includes the last day of that academic year but excluding any benefit weeks falling entirely within the quarter during which the longest of any vacation is taken and for the purposes of this sub-paragraph, “quarter” shall have the same meaning as that given by the definition in regulation 2 of the Education (Student Support) Regulations (Northern Ireland) 2001;”;

(c) in paragraph (5)(a)(32), for “£255” substitute “£260”;

(d) for paragraph (5)(b) substitute –

“(b) the sum of £319 towards the costs of books and equipment,”.

Schedule 1

16.—(1) In paragraph 1 of Part I of Schedule 1 (applicable amounts: personal allowances)(33) in the column headed “Column (2) Amount” –

(a) in sub-paragraph 1(a), for “£42·00” substitute “£42·70”;

(b) in sub-paragraph 1(b), for “£53·05” substitute “£53·95”;

(c) in sub-paragraph 2(a), for “£42·00” substitute “£42·70”;

(d) in sub-paragraph 2(b), for “£53·05” substitute “£53·95”;

(e) in sub-paragraph 3(a), for “£63·35” substitute “£64·45”;

(f) in sub-paragraph 3(b), for “£83·25” substitute “£84·65”.

(2) In paragraph 2 of Part I of Schedule 1, in the column headed “Column (2) Amount” –

(a) in sub-paragraph (a), for “£31·45” substitute “£33·50”; and

(b) in sub-paragraph (b), for “£32·25” substitute “£34·30”.

(3) In paragraph 3(1) of Part II of Schedule 1 (applicable amounts: family premium), for “£14·50” substitute “£14·75”.

(4) In Part III of Schedule 1 (applicable amounts: premiums), –

(a) after paragraph 10 insert –

“Bereavement Premium

“10A.— (1) The condition is that the relevant person –

(a) had, as at 9th April 2001, attained the age of 55 but not the age of 60;

(b) was in receipt of, but is no longer entitled to, a bereavement allowance under section 39B of the 1992 Act(34) in respect of the death of a spouse who died on or after 9th April 2001; and

(c) is a single person or a lone parent.”;

(b) in paragraph 12(1)(a)(i), for “disability working allowance”, substitute “disabled person’s tax credit”;

(c) in paragraph 14(1)(a), for “£5,000” substitute “£6,000”;

(5) In paragraph 18 of Part IV of Schedule 1 (applicable amounts: amounts of premiums specified in Part III), –

(a) in the column headed “Amount” –

(i) in sub-paragraph 1(a), for “£39·10” substitute “£44·20”;

(ii) in sub-paragraph 1(b), for “£57·30” substitute “£65·15”;

(iii) in sub-paragraph 2(a), for “£39·10” substitute “£44·20”;

(iv) in sub-paragraph 2(b), for “£57·30” substitute “£65·15”;

(v) in sub-paragraph 3(a), for “£39·10” substitute “£44·20”;

(vi) in sub-paragraph 3(b), for “£57·30” substitute “£65·15”;

(vii) in sub-paragraph 4(a), for “£22·60” substitute “£23·00”;

(viii) in sub-paragraph 4(b), for “£32·25” substitute “£32·80”;

(b) after sub-paragraph 4, insert –

“(4A) Bereavement premium. (4A) £21·55.”;

(c) in the column headed “Amount” –

(i) in sub-paragraph 5(a), for “£41·55” substitute “£42·25”;

(ii) in sub-paragraph 5(b)(i), for “£41·55” substitute “£42·25”;

(iii) in sub-paragraph 5(b)(ii), for “£83·10” substitute “£84·50”;

(iv) in sub-paragraph 6, for “£30·00” substitute “£35·50”;

(v) in sub-paragraph 7, for “£24·40” substitute “£24·80”;

(vi) in sub-paragraphs 8(a) and (b), for “£11·05” substitute “£11·25”;

(vii) in sub-paragraph 8(c), for “£16·00” substitute “£16.25”;

Schedule 3

17.  In Schedule 3 (Sums to be disregarded in the determination of income other than earnings) –

(a) in paragraph 2, after “incurred” insert “, or to be incurred,”;

(b) in paragraph 11(35), for sub-paragraph (d) substitute –

“(d) any child care expenses reimbursed to the relevant person in respect of his participation in a New Deal option, in the Preparation for Employment Programme or in the Preparation for Employment Programme for 50 plus;”;

(c) after paragraph 15 insert –

“15A.   Subject to paragraph 33, £15 of any –

(a) widowed mother’s allowance paid pursuant to section 37 of the 1992 Act;

(b) widowed parent’s allowance paid pursuant to section 39A of the 1992 Act(36).”;

(d) in paragraph 33(37), for “and 15” substitute “, 15 and 15A”;

(e) for paragraph 60(38) substitute –

“60.   Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in –

(a) an employment programme specified in –

(i) regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations (Voluntary Sector Option of the New Deal);

(ii) regulation 75(1)(a)(iii) of those Regulations (Environment Task Force Option of the New Deal) or;

(b) the Preparation for Employment Programme or in the Preparation for Employment Programme for 50 plus.”;

(f) in paragraph 63(39), for “the intensive activity period (New Deal) programme” substitute “the Preparation for Employment Programme”;

(g) in paragraph 64(40), for “the intensive activity period (New Deal) programme” substitute “the Preparation for Employment Programme”;

(h) at the end of that Schedule, add –

“66.   Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001(41).”.

Schedule 4

18.  In Schedule 4 (Capital to be disregarded) –

(a) in paragraph 9, at the end of sub-paragraph (c) add –

“(d) any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations (Northern Ireland) 2001.”;

(b) for paragraph 52(42) substitute –

“52.   Any mandatory top-up payment made to a person pursuant to section 1 of the Employment and Training Act (Northern Ireland) 1950 in respect of that person’s participation in –

(a) an employment programme specified in –

(i) regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations (Voluntary Sector Option of the New Deal);

(ii) regulation 75(1)(a)(iii) of those Regulations (Environment Task Force Option of the New Deal) or;

(b) the Preparation for Employment Programme or in the Preparation for Employment Programme for 50 plus,

but only for the period of 52 weeks from the date of receipt of the payment.”;

(c) in paragraph 55(43), for “the intensive activity period (New Deal) programme” substitute “the Preparation for Employment Programme”;

(d) in paragraph 56(44), for “the intensive activity period (New Deal) programme” substitute “the Preparation for Employment Programme”;

(e) at the end of that Schedule, add –

“61.   Any training grant payable under the New Deal 50 Plus Employment Credit Scheme pursuant to arrangements made under section 2(1) of the Employment and Training Act (Northern Ireland) 1950(45) but only for a period of 52 weeks from the date of payment.

62.   The amount of a payment, other than a war pension within the meaning of section 25 of the Social Security Act 1989(46), to compensate for the fact that the relevant person, the relevant person’s partner, the relevant person’s deceased spouse or the relevant person’s partner’s deceased spouse –

(a) was a slave labourer or a forced labourer;

(b) had suffered property loss or had suffered personal injury; or

(c) was a parent of a child who had died,

during the Second World War.”.

Application

19.  The amendments made by these Regulations shall not have effect in relation to applications for grant made before the date on which these Regulations come into force.

Sealed with the Official Seal of the Department for Social Development on 8th April 2003.

L.S.

David Crothers

A senior officer of the

Department for Social Development

The Department of Finance and Personnel hereby consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 8th April 2003.

L.S.

Rodney Scott

A senior officer of the

Department of Finance and Personnel