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

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Statutory Rules of Northern Ireland

2003 No. 234

HOUSING

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

Made

8th April 2003

Coming into operation

19th May 2003

The Department for Social Development(1), in exercise of the powers conferred by Article 47 of the Housing (Northern Ireland) Order 1992(2) and now exercisable by it(3) and of every other power enabling it in that behalf, with the consent of the Department of Finance and Personnel, hereby makes the following Regulations:

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(4) 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(5) 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)(6) 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)(7) of those Regulations;

Regulation 6

4.  In paragraph (6A) of regulation 6 (remunerative work)(8), 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(9), 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)(10), 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)(11) –

(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)(12) 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)(13), 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(14) or, as the case may be, regulation 51(1)(aa) of the Disability Working Allowance (General) Regulations (Northern Ireland) 1992(15) 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)(16) –

(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)(17) –

(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)(18) 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)(19) –

(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”(20) –

(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(21);;

(c)in the definition of “contribution”(22) –

(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”(23) add “and shall include, in Scotland, a young student’s bursary paid under regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999(24)”;

(e)omit the definition of “year”.

Regulation 42

14.  In regulation 42 (determination of grant income)(25) –

(a)in paragraph (3)(a)(26), 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(27);

(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(28);

(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)(29), after “Any” insert “amount paid in respect of dependants under Article 44(2) of the Health and Personal Social Services (Northern Ireland) Order 1972(30) (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)(31) –

(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(32) or regulation 12 of the Education (Student Loans) (Scotland) Regulations 2000(33).;

(b)in paragraph (2)(34), 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)(35), 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)(36) 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(37) 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(38), 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(39).;

(d)in paragraph 33(40), for “and 15” substitute “, 15 and 15A”;

(e)for paragraph 60(41) 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(42), for “the intensive activity period (New Deal) programme” substitute “the Preparation for Employment Programme”;

(g)in paragraph 64(43), 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(44)..

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(45) 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(46), for “the intensive activity period (New Deal) programme” substitute “the Preparation for Employment Programme”;

(d)in paragraph 56(47), 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(48) 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(49), 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

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Housing Renovation etc. Grants (Reduction of Grant) Regulations (Northern Ireland) 1997 (“the principal Regulations”) which set out the means test for determining the amount of renovation grant and disabled facilities grant which may be paid by the Housing Executive to owner-occupier and tenant applicants under Chapter I of Part III of the Housing (Northern Ireland) Order 1992. Most of the amendments are consequential on changes to the Housing Benefit (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 461).

Regulation 4 amends regulation 6 of the principal Regulations to take account of the introduction of the Preparation for Employment Programme which, in Northern Ireland, has replaced the intensive activity period (New Deal) programme.

Regulation 5 amends regulation 8 of the principal Regulations to remove the unintended conflict between regulations 7 and 8 where a child or young person has been fostered.

Regulation 6 amends regulation 9 of the principal Regulations to increase the “applicable amount” of income that can be received without reduction in the amount of grant. The amendment provides for a more generous allowance where the application is for disabled facilities grant to carry out works for the benefit of a child or young person.

Regulation 7 increases the multipliers in regulation 11 of the principal Regulations.

Regulation 8 increases the amount of capital which a child or young person may have without the amounts determined in accordance with paragraph 2 of Schedule 1 to the principal Regulations ceasing to apply.

Regulation 9 increases the amount that may be deducted from weekly earnings in respect of payments for childcare.

Regulation 10 amends regulation 18 of the principal Regulations to provide that a woman on maternity leave should be treated as if she was engaged in remunerative work, so enabling relevant childcare charges to be deducted from weekly earnings determined in accordance with regulation 17 of the principal Regulations (childcare charges incurred in respect of the child to whom the maternity leave relates will not be treated as relevant childcare charges).

Regulations 11 and 12 amend regulations 30 and 37 of the principal Regulations to take account of payments made in connection with the employment programmes known as the Preparation for Employment Programme and the Preparation for Employment Programme for 50 plus.

Regulations 13, 14 and 15 make various amendments to regulations concerning students and trainees, including amendments consequential on the establishment of the Learning and Skills Council for England.

Regulation 16 uprates the applicable amounts and premiums in Schedule 1 to the principal Regulations and adds a premium payable to certain persons who are no longer entitled to bereavement allowance.

Regulation 17 adds items to the list of sums in Schedule 3 which are disregarded in the determination of income other than earnings, namely payments relation to discretionary housing payments and £15 of any widowed parent’s or mother’s allowance. Amendments are also made to existing paragraphs consequential on various changes to New Deal schemes and the establishment of National Health Service trusts.

Regulation 18 adds items to the list of sums in Schedule 4 which are disregarded as capital, namely discretionary housing payments, training grant payable under the New Deal 50 Plus, Employment Credit Scheme and compensation for loss etc. suffered during the Second World War. Amendments are also made to an existing paragraph consequential on various changes to New Deal schemes.

Regulation 19 contains transitional provisions.

(1)

S.I. 1999/283 (N.I. 1) Article 3(1)

(3)

S.R. 1999 No. 481 Article 6(e) and Schedule 4 Part V

(5)

Regulation 75 was substituted by S.R. 1997 No. 541 and amended by S.R. 1998 No. 182

(6)

Head (v) was inserted by S.R. 2001 No. 151

(7)

The definition of the “Preparation for Employment Programme for 50 plus” was inserted by S.R. 2001 No. 151

(8)

Paragraph (6A) was inserted by S.R. 1999 No. 387

(10)

Regulation 9 was amended by S.R. 1998 No. 396, S.R. 2000 No. 325 and S.R. 2001 No. 315

(11)

Regulation 11 was amended by S.R. 1998 No. 396, S.R. 1999 No. 387 and S.R. 2000 No. 325

(12)

Paragraph (1A) was inserted by S.R. 1998 No. 396 and amended by S.R. 2000 No. 325

(13)

Paragraphs (5), (6), (7) and (8) were added by S.R. 2000 No. 62 and paragraph (7) was amended by S.R. 2001 No. 315

(14)

S.R. 1987 No. 463 as amended by S.I. 1999/2488 and S.I. 2001/366

(15)

S.R. 1992 No. 78 as amended by S.I. 1999/2488

(16)

Paragraph 6(A) was substituted by S.R. 1999 No. 387 and amended by S.R. 2000 No. 325

(17)

Paragraph 7(A) was inserted by S.R. 1999 No. 387 and amended by S.R. 2001 No. 315

(18)

Paragraph 3(A) was inserted by S.R. 1999 No. 387 and amended by S.R. 2000 No. 325

(19)

Regulation 40 was amended by S.R. 1999 No. 387, S.R. 2000 No. 325 and S.R. 2001 No. 315

(20)

The definition of “access funds” was inserted by S.R. 2001 No. 315

(22)

The definition of “contribution” was amended by S.R. 1999 No. 387 and S.R. 2000 No. 325

(23)

The definition of “student loan” was inserted by S.R. 2000 No. 325

(25)

Regulation 42 was amended by S.R. 1998 No. 396 and S.R. 2000 No. 325

(26)

Paragraph 3 was amended by S.R. 2000 No. 325 and S.R. 2001 No. 315

(28)

Regulation 16 was amended by S.R. 2002 No. 111

(29)

Paragraph (5) was inserted by S.R. 2001 No. 315

(31)

Regulation 45 was amended by S.R. 2000 No. 325 and S.R. 2001 No. 315

(34)

Paragraph (2) was substituted by S.R. 2001 No. 315

(35)

Paragraph (5) was inserted by S.R. 2000 No. 325 and amended by S.R. 2001 No. 315

(37)

Section 39B was inserted by S.I. 1999/3147 (N.I. 11)

(38)

Paragraph 11 was amended by S.R. 1998 No. 396

(39)

Section 39A was inserted by S.I. 1999/3147 (N.I. 11)

(40)

Paragraph 33 was amended by S.R. 1999 No. 387

(41)

Paragraph 60 was inserted by S.R. 1999 No. 387

(42)

Paragraph 63 was inserted by S.R. 1999 No. 387

(43)

Paragraph 64 was inserted by S.R. 1999 No. 387

(45)

Paragraph 52 was inserted by S.R. 1999 No. 387

(46)

Paragraph 55 was inserted by S.R. 1999 No. 387

(47)

Paragraph 56 was inserted by S.R. 1999 No. 387

(48)

1950 c. 29 (N.I) as amended by the Employment and Training (Amendment) (Northern Ireland) Order 1988 (S.I. 1988/1087 (N.I. 10))

(49)

1989 c. 24; section 33 provides for extension of section 25 to Northern Ireland

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