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Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004

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14.—(1) In this regulation “current application” means an application to which regulation 13 refers.

(2) The amount by which a grant in respect of a current application is reduced shall, except where paragraph (4) applies, be abated –

(a)in a case to which paragraph (3)(a) or (b) applies, by the amount by which any grant paid in respect of any application there referred to was itself reduced by virtue of regulation 13 and this regulation or regulations 11 and 12 of the Housing Renovation etc. Grants (Reduction of Grant) Regulations (Northern Ireland) 1997(1) or regulations 10 and 11 of the Housing Renovation etc. Grants (Reduction of Grant) Regulations (Northern Ireland) 1992(2);

(b)in a case to which paragraph (3)(c) or (d) applies, by the amount by which any grant paid in respect of any application there referred to was itself reduced, by virtue of Article 63(4) of the Order, by reference to persons (other than participating landlords) who are relevant persons in the current application;

(c)in a case to which paragraph (3)(e) applies, by the amount of any contribution notified under Article 97(1) of the Order to any person who is a relevant person in the current application.

(3) Subject to paragraph (4), this paragraph applies where –

(a)within the 10 years preceding the date of approval of the current application, at least one application, accompanied by an owner occupation certificate, relating to the same dwelling or building was made, in respect of which at least one of the relevant persons is a relevant person in the current application;

(b)within the 5 years preceding the date of approval of the current application, at least one application, accompanied by a tenant’s certificate, relating to the same dwelling or building was made, in respect of which at least one of the relevant persons is a relevant person in the current application;

(c)within the 10 years preceding the date of approval of the current application, at least one tenant’s common parts application relating to the same building was made, in respect of which at least one of the relevant persons in the current application was an occupying tenant in relation to a flat in the building by virtue of a tenancy granted or extended for a term of years of which not less than 5 years remain unexpired at the date of the application and was also an applicant;

(d)within the 5 years preceding the date of approval of the current application, at least one tenant’s common parts application relating to the same building was made, in respect of which at least one of the relevant persons in the current application was an occupying tenant in relation to a flat in the building by virtue of such an interest as is mentioned in Article 45(2) of the Order and was also an applicant; or

(e)within the 10 years preceding the date of approval of the current application, at least one of the relevant persons in the current application signified scheme consent under Article 95(1) of the Order in respect of at least one group repair scheme in relation to which the same dwelling, building or flat was, or was part of, a qualifying building.

(4) Paragraph (3) does not apply in any case where, by reason of reduction of grant referred to in paragraph (2)(a) or (b), no grant was paid in respect of the application, except where the eligible works in respect of which the application was approved were executed to a satisfactory standard.

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